- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUIT SUIT SUIT NO.378 OF 2000 NO.378 OF 2000 NO.378 OF 2000. Manish Innani. ..Plaintiff. vs. MRF Ltd. & Ors. ..Defendants. .... Mr.Prakash R. Hegde, for the Plaintiff. Mr.N.M. Dagli, i/b. N.M. Dagli & Co., for the Defendants. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 7TH JANUARY 2009 : 7TH JANUARY 2009 : 7TH JANUARY 2009. P.C.: P.C.: P.C.: . The present suit is filed by the plaintiff for a declaration that the plaintiff is the lawful owner of and otherwise entitled to 100 shares having Folio NO.6109, Certificate No.124005 and distinctive share Nos. 352751 to 352800 (50 shares) and Certificate No.152498 and distinctive shares from No.2915707 to 2915756 (50 shares), more particularly described as Exhibit ‘A’ to the plaint. All these 100 shares are of 1st defendant - Company. The plaintiff have also sought orders against defendant no.1-Company to issue duplicate share certificate in the name of the plaintiff in lieu of the original suit shares lost by him. These shares were purchased by the plaintiffs through a broker and - 2 - the said shares earlier belonged to defendant nos. 2 & 3. 2. It is the plaintiffs case that thereafter, the plaintiff amongst others lost the suit share certificates and was therefore unable to get the said suit shares transferred in his name in the records of the defendant no.1 -Company. The plaintiff has in the plaint and in his affidavit in evidence stated that he has lost the suit share certificates alongwith signed transferred deeds after the payment of full consideration to the defendant nos. 1 & 2 through the broker. He has produced copies of the police complaint lodged with the Borivli Railway Police Station alongwith the acknowledgement of the said Police Station which is annexed as Annexure 2 to the said affidavit. He has also produced a certificate dated 17th September 1999 issued by the concerned officer of the Borivli Police Station, which certificate is exhibited at Annexure 3 to the affidavit of evidence. He has also produced before this Court a copy of the complaint filed by him with the Investors Grievance Cell Department of the Bombay Stock Exchange on 14th October 1999, the complaint with the Clearing House of the National Stock Exchange of India - 3 - dated 14th October 1999 which complaints are annexed as Annexures 4 & 5 respectively to his affidavit in evidence. 3. The plaintiff has also produced before this Court contract notes No.F/20/06/0011 dated 6th August 1999 and the bill issued by the broker M/s. Nirmal Bang Securities Private Ltd. which are annexed as Annexures 6 & 7 to his affidavit. He has also produced payment statement dated 12th August 1998 which is annexed as Annexure 8.1 to 8.3 to his affidavit in evidence. He has produced a letter from the broker confirming that the plaintiff has purchased the suit shares @ of Rs.2,322/- & Rs.2,351/- and made total payment of Rs.2,35,503.54 towards the suit shares. 4. The plaintiff has stated that he is entitled to a declaration that he is the owner of the said suit shares of defendant no.1-Company which are lost by him alongwith the transfer deeds and the defendant no.1-Company be ordered to issue duplicate share certificate in the name of the plaintiff in lieu of the original suit shares lost by him. - 4 - 5. The learned advocate appearing for defendant no.1 submits to the orders of Court and has no objection if a decree and order is passed in terms of prayer clauses (a) & (c) of the plaint. The defendant Nos.2 & 3 at no time appeared before this Court though served and a joint affidavit of service dated 18th June 2007 is filed by the Bailiff and Clerk attached to the office of the Sheriff of Bombay and the plaintiff. Therefore, there is no contest by defendant nos.2 & 3 and what is stated in the evidence has gone unchallenged. There is no reason why the case made out by the plaintiff should not be accepted. 6. In view of the aforestated pleadings, the evidence of the plaintiff and the documents submitted/tendered by the plaintiff before this Court which I have perused and considered, I am of the view that the plaintiff has proved that he purchased the suit shares from the defendant nos. 2 & 3 after payment of full consideration for the same and that the said shares alongwith transfer deeds have been genuinely lost by the plaintiff because of which he is unable to have the said shares transferred in his name in the records of the defendant no.1 - Company. - 5 - 7. In view thereof, I pass the following order :- (1) Decree is granted in terms of prayer clauses (a) & (c). (2) Defendant no.1 - Company shall hand over to the plaintiff all benefits accrued in respect of the suit shares on and from 2nd November 2004. (3) Suit stands disposed of with no orders as to costs. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]