- 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 NOTICE NOTICE NOTICE OF MOTION NO.2927 OF 2008 OF MOTION NO.2927 OF 2008 OF MOTION NO.2927 OF 2008 IN IN IN SUIT SUIT SUIT NO.2508 OF 2008 NO.2508 OF 2008 NO.2508 OF 2008 Samir Desai & Anr. ...Plaintiffs vs. Orchid Chemicals & Fertilizers Ltd. & Ors. ...Defendants Mr.Simil Purohit i/b Bhaishankar Kanga & Girdharilal for the plaintiffs None for the defendants CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : NOVEMBER 18,2008 : NOVEMBER 18,2008 : NOVEMBER 18,2008 P.C.: P.C.: P.C.: 1. Heard the learned counsel for the plaintiffs in support of the notice of motion. None appears for the defendants. 2. The plaintiffs have filed this suit for declaration that they are the rightful owners of 800 shares of the 1st defendant company which are more particularly described in Exh.B to the plaint. The plaintiffs purchased the said shares in August 1997 and lodged the same for transfer with the 1st defendant at their registered office at Chennai on 10th August 1997. On 2nd September 1998, the 1st defendant informed the plaintiffs that the said 800 shares have been duly transferred to the plaintiffs and have been despatched in March 1998. The case of the plaintiffs is that the said shares were lost in transit. The 1st defendant informed the plaintiffs that it has received 300 shares for transfer from 2nd to 4th - 2 - defendants. The plaintiffs lodged F.I.R. and called upon the 1st defendant to stop transfer of the 300 shares which were received by the 1st defendant from 2nd,3rd and 4th defendants. The 1st defendant informed the plaintiffs that on 10th August 1999 400 shares out of the said 800 shares had been lodged with them for transfer. The plaintiffs called upon the 1st defendant not to transfer the said shares. Subsequently, the 1st defendant issued bonus shares at 1:2 shares. A demand was made by the plaintiffs to the 1st defendant to issue duplicate shares and to hand over the bonus shares or dividends. As there is no compliance, the present suit has been filed. There is already an ad-interim relief granted in favour of the plaintiffs in terms of the order dated 1st September 2008. None appears for the defendants. No reply has been filed. In view of the averments made in the plaint and the documents annexed to the plaint, the plaintiffs have prima facie established their tittle over the 800 shares more particularly described in the suit. 3. The notice of motion is disposed of by directing that ad-interim relief granted on 1st September 2008 will continue to operate as interim relief. It will be open for the plaintiffs to apply for duplicate shares. 4. Parties to act upon an authenticated copy of this order. - 3 - JUDGE JUDGE JUDGE