1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 6059 OF 1999 Santan Jovito Monteiro .. Plaintiff Versus HDFC Bank Ltd. and others .. Defendants Mr. Mr. Alok Bagla i/b M/s Bagla Dandekar & Co. for plaintiff CORAM:- SHRI V. M. KANADE, J. DATED : 27 th January, 2010 P.C. 1. Learned counsel appearing on behalf of the plaintiff has filed affidavit in lieu of evidence and compilation of original documents. None present on behalf of the defendants though they are served. 2. Defendant No.1 is a limited Company. The plaintiff purchased 1000 equity shares of defendant no.1 company, distinctive numbers of which are mentioned in para 1 of the Suit. These shares were purchased from defendant no. 4 who has acted as broker for the purchase of the said shares. The defendant no.1 Bank transferred 900 shares out the said 100 shares in the name of defendant no.2. The defendant no.4 was also agent for the purchase and sales of 2 shares. Defendant no.5 is transfer agent of Defendant no.1. 3. The plaintiffs case is that he had placed purchase order for purchase of 1000 equity shares of defendant no.1 Bank with defendant no.4. Accordingly defendant no.4 purchased these shares on 31 st July, 1996 as per the purchase contract dated 31 st July, 1996. The Bill No. GA19/009 was issued on 7 th August, 1996 in the name of the plaintiff. Accordingly the plaintiff received the said shares under 10 share certificates along with transfer orders duly executed and signed by defendant no.3 which were delivered by defendant no.4 to the plaintiff and thereafter the said 1000 shares were sent by Defendant no. 4 to the defendant no.1. The plaintiff however did not receive the share certificates and therefore he informed the defendant vide letter dated 3 rd January, 1999. The plaintiff did not receive the said shares and 900 shares were already transferred in the name of defendant no.2. The plaintiff has therefore filed this Suit. 4. The affidavit in lieu of evidence and compilation of the original documents filed by the plaintiff are taken on record. The averments made in the plaint and in the affidavit in support are not controverted. The Suit is filed on 13 th October, 1999. Cause of action arisen when the plaintiff came to know about the transfer of 900 3 shares in favour of defendant no.2 on 25 th January, 1999 and thereafter the present suit is filed. The suit is filed within limitation. The plaintiff is therefore entitled to judgment and decree. The suit filed by the plaintiff is accordingly decreed in terms of prayer clause (a) to (e). 5. Certified copy is expedited. (V. M. KANADE, J.) jpc/-