1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 3626 OF 1997 Mr. Hukumraj N Khanted & Another .. Plaintiffs Vs M/s. Tata Iron and Steel Company Ltd & Ors .. Defendants Ms. Pallavi Divekar i/b Mrs Lata S Desai for the Plaintiffs None for the defendants CORAM : DR. D.Y. CHANDRACHUD, J DATE : 01st JULY, 2009 P.C.: 1. The plaintiffs seek a declaration and other consequential reliefs in respect of 400 shares of the first defendant. In July, 1996, the plaintiff purchased 400 shares of the first defendant through Messrs Shreepati Holdings and Finance Private Limited, a member of the National Stock Exchange. The original bill dated 6th July, 1996 has been produced in evidence. The plaintiff paid the purchase price of Rs. 1,05,590/-. Delivery of the 400 shares along with transfer forms duly executed by the third and forth defendants as transferors was effected in favour of the plaintiff and was received on 20th August, 1996. The Rma s3626-97.sxw 2 plaintiff lost the shares on 10th September, 1996 while traveling from his residence at Andheri in an auto rickshaw at about 4.30 pm. A complaint was lodged with the second defendant on the same day and at the Andheri Police station on 11th September 1996. The plaintiff was intimated by the second defendant who are the share and stock brokers of the first defendant that 250 shares out of 400 shares had been lodged for registration by defendant nos. 5,6,7,8 and 9 respectively. 2. The defendants have been served with the writ of summons. No written statement has been filed. The averments in the plaint have not been controverted. 3. The plaintiff has tendered an affidavit in lieu of the examination in chief and has verified the contents thereof as true and correct. A compilation of the original documents has also been tendered. The claim in the suit has been duly established on the basis of evidence. The plaintiff has established that he is the owner of the said 400 shares of the first defendant having acquired them for valuable consideration. Rma s3626-97.sxw 3 The plaintiff has established that defendant nos. 5 to 9 have no right, title or interest and are not transferors for value. By an order dated 6th April 2000 passed in notice of motion no. 2217 of 1998, an order of injunction came to be passed at the interim stage. It may be noted that defendant nos. 5 to 9 lodged 50 shares each amounting to 250 shares out of the 400 shares for registration in so far as the balance 150 shares are concerned,no application for transfer has been filed. 4. In these circumstances, the plaintiff would be entitled to a decree as prayed. The suit shall stand decreed in terms of prayer clauses (a) to (f) and (k). (DR. D.Y. CHANDRACHUD, J) Rma s3626-97.sxw 4 Rma s3626-97.sxw