abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2315 OF 2008 IN SUIT NO. 3012 OF 1994 Joseph Da Gama & Anr. .. Plaintiffs V/s Birla Corporation Ltd. .. Defendants Ms. Soma Singh i/b Paras Kuhad & Associates for the Plaintiffs. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 21ST JULY 2008 P.C. P.C. P.C. : 1. This is a usual suit to protect the rights of the Plaintiffs in respect of lost shares. An injunction has been granted by an order dated 3rd September 1997 in terms of prayer (c) of Notice of Motion No.2033 of 1994. Plaintiffs No.1 and 2 were joint holders in respect of the suit shares. Plaintiff No.1 expired on 2nd September 2001. The Plaintiffs seek an order directing Defendant No.1 to transmit the shares in the name of - 2 - Plaintiff No.2. The Plaintiffs also seek an order directing Defendant No.1 to accept the nomination of Plaintiff No.2 in respect of shares owned by her. 2. In the circumstances, the Notice of Motion is made absolute in terms of prayers (a) and (b) with a clarification that Defendant No.1 shall carry out the order subject to the Articles of Association and law. Further, the transfer/transmission and the acceptance of the nomination shall be without prejudice to the rights and contentions of all the parties and subject to the outcome of the suit.