1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.196 OF 2010 IN SUIT NO.119 OF 2010 Babubhai Shah Plaintiff versus Hero Honda Motors Ltd. and others Defendants Mr.Rakesh D. Dave for plaintiff. Mr.Arun Mehta a/w Ms.Sonali Patil i/by Akshar Law for defendant nos.1 and 3. CORAM : S.J.KATHAWALLA, J. DATE : 17th February 2011 PC : 1. In this matter the plaintiff has purchased 50 shares from the defendant no.2 in the year 1996 and had forwarded the original shares with the transfer deed to the company for transferring the said shares in the name of the plaintiff. However, the company returned the documents on the ground that the signature of the defendant no.2 defers with the signature available on their record. The plaintiff thereafter obtained an affidavit from the defendant no.2 authorizing the company to accept the documents submitted by the parties and also an undertaking that the defendant no.2 shall be responsible for any act done by the company based on the said affidavit wherein specimen signatures of the defendant no.2 were also provided. Despite this, the company refused to transfer the shares in the name of the plaintiff on the ground that they were not satisfied with the signature of the defendant no.2 after comparing the same with their records. 2 2. In the year 1998 bonus shares were issued in the ratio of 1:1. Thereafter in the year 2001 each share of the company of Rs.10/- each was splitted into 5 shares of Rs.2/- each. With the result, the said 50 shares have admittedly become 500 shares of the company as of date. The defendant no.2 has not come forward with her say despite being served. Learned advocate for the defendant no.1 states that the said 500 shares continues to stand in the name of defendant no.2 in the records of the company and the same have not been further transferred in the name of any other person and the company is forwarding every year the accrued dividend on the said 500 shares to the defendant no.2. 3. In view thereof, I pass the following order : (a) The defendant no.1 company is directed to maintain status-quo as of today in respect of the said 500 shares which are subject matter of this suit; (b) The defendant no.1 company shall hence forth not forward any dividend and/or any benefits in respect of the said 500 shares to the defendant no.2; (c) The Notice of Motion is accordingly disposed of. 4. Since the writ of summons is already served on the defendant no.2 and the defendant no.2 has not filed her written statement, place the suit for framing of issues on 21st February 2011. (S.J.KATHAWALLA, J.)