: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1051 OF 2009 IN SUIT NO.3012 OF 1994 Mr.Joseph Da Gama & Anr. ....Plaintiffs V/s. Birla Corporation Ltd. & Ors. ....Defendants Mr.Rafique Pirmohideen with Mr.Saket More i/b Paras Kuhad & Associates for the Plaintiffs. None for the Defendant. CORAM : S.J. VAZIFDAR, J. DATED : 26TH MARCH, 2009. P.C. : 1. By an order dated 21.7.2008 Notice of Motion No.2315 of 2008 was made absolute in terms of prayers (a) and (b). Thus pending the hearing and final disposal of the suit by the said order Defendant No.1 was directed to transfer 10,200 shares in the name of Plaintiff No.2 and Defendant No.1 was directed to accept the nomination of the nominees provided by Plaintiff No.2 in respect of the said shares. 2. The company has by a letter dated 19.1.2009 understandably expressed the difficulty in implementing the order as the shares in physical form are not in possession of either the company or the Plaintiffs but are "moving in the market". The company itself has suggested a solution which is to : 2 : issue duplicate share certificates in favour of the Plaintiffs and thereafter implement the order dated 21.7.2008. 3. The suggestion is accepted. It would however also be necessary to protect these shares pending the hearing and final disposal of the suit. 4. In the circumstances, the Notice of Motion is disposed of by the following order :- i). The company is directed to implement the order dated 21.7.2008 after first issuing the duplicate share certificates in accordance with the Articles of Association. Pending the hearing and final disposal of the Suit, the Plaintiffs shall retain the shares issued by the company and shall not transfer, alienate, encumber, part with possession thereof or create any third party right therein without the leave of the Court. Accordingly the Defendants shall also not permit any further transfer of the said shares after they are issued to the Plaintiffs in accordance with this order. ii). The Notice of Motion is made absolute in : 3 : terms of prayers (a) and (b) pending the Suit.