Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: 1 Judgment SU2074/2019
MHCC010049472019
Presented on : 04-05-2019
Registered on : 19-07-2019
Decided on : 05-07-2022
Duration : 3 Ys. 2 Ms. 2 Ds.
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
S.C. SUIT NO.2074 OF 2019
1. Mrs. Maltiben Shashikant Doshi }
Age: 60 years, Indian Hindu }
Inhabitant of Mumbai, }
Occupation : House wife, residing at }
Flat No.1002, Kanan Apartment Co. Op. }
Housing Society, Above Mirchi Hotel, }
Amrut Nagar Circle, Ghatkopar West, }
Mumbai400 086 }
2: Mr. Shashikant Mathuradas Doshi, }
Age: 64 years Indian Hindu }
Inhabitant of Mumbai,Occupation : Service, }
residing at Flat No.1002, Kanan Apartment }
Co. Op. Housing Society, Above Mirchi }
Hotel, Amrut Nagar Circle, Ghatkopar West, }
Mumbai86 } ...Plaintiffs.
VERSUS
1. Mr. Ajab Singh, }
Adult, Occupation UnknowN, }
residing at C/o. Mr.S.S. Jain, 170A East, }
Azad Nagar, Delhi }
2. TSR Darashaw Ltd., having its }
registered address at 610, Haji Moosa }
Patrawala Ind. Estate, 20 Dr. E. Moses }
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Road, Near Famous Studio }
Mahalaxmi West, Mumbai400 011 }
3. TATA Consultancy Services Limited }
having its registered address at Nirmal }
Bldg., 9th Floor, Nariman Point }
Mumbai400 021, Maharashtra } ...Defendants.
Appearance:
Mr. Saraf, Advocate for the plaintiffs.
None for the defendants.
Exparte against the defendants.
CORAM : RAJESH A. SASNE,
Adhoc Judge
Date : 5th July, 2022
J U D G M E N T
( Delivered on 05.07.2022 )
This is a suit for declaration and injunction.
In brief, the plaintiff’s case is as under :
2. The plaintiff is owner of 100 shares of Rs.10 each of TCS e
Serve Limited bearing distinctive Nos.2844146 to 2844245, Certificate
No.28443 held under folio E8M00220642. As per the approval granted
by the Hon'ble Bombay High Court to the Scheme of Arrangement of
Merger of TCS eServe Limited with Tata Consultancy Services Ltd.,
(TCS), on 06.09.2013, 13 Equity shares of Rs.1/ each of TCS was
issued for every 4 equity shares of Rs.10/ each of TCS eServe Ltd.
Accordingly, 325 shares of Rs.1 each of Tata Consultancy Services Ltd.,
bearing distinctive Nos. 1957265847 to 1957266171 Certificate
No.M21417625 were issued against 100 shares of Rs.10/ each of TCS
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eServe Limited. Subsequently, 325 bonus shares were issued against
100 shares of Rs.1/ each of TCS bearing distinctive Nos.1970474192 to
1970474516 Certificate No. B3 142012B were issued in June 2018,
against the captioned folio in ratio of 1:1.
3. Defendant No.2 is the authorized agent of defendant No.3.
Defendant No.3 is a company incorporated under the Companies Act,
whose shares the plaintiffs held. The plaintiffs lost the share and
accordingly informed defendant No.3 in the year 2006. The plaintiffs
were informed to file FIR regarding lost of the share certificates.
Defendant No.1 found the said share certificates. Defendant No.3
informed that defendant No.1 tried to lodge transfer of shares in the
year 1999 alongwith the plaintiffs' fake signature and original
certificate. By letter dated 25.07.2018, defendant No.2 informed the
plaintiffs that the plaintiffs are still continues to be registered holders of
the shares and the shares were not transferred. However, the shares
were returned to defendant No.1 and they are in his possession.
4. The plaintiffs have filed police report about the loss of
shares on 14.08.2018. A copy of police report is forwarded to
defendant No.2 vide letter dated 05.09.2018. Defendant No.2 by its
letter dated 11.09.2018, informed about new name Tata Consultancy
Services Ltd., and new folio No.C2M0000972. They also provided
details of unclaimed dividend.
5. According to the plaintiffs, the alleged lodge for transfer
with fake signature of the plaintiffs on the transfer form alongwith 100
shares of TCS eServe Limited bearing distinctive Nos.2844146 to
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2844245, Certificate No.28443 held under folio E8M00220642 and new
Folio No.CM0000972, Certificate No.M2 1417625 and distinctive Nos.
1957265847 to 1957266171 and Certificate No. B3 142012B and
distinctive Nos. 1970474192 to 1970474516 shall be declared as null
and void. The plaintiffs have also prayed for injunction against
defendant No.1 to transfer the said shares. The plaintiffs also sought
relief to direct defendant No.3 to release the share certificates for TCS
shares on the plaintiffs. For these reasons, the plaintiffs sought
aforesaid relief and filed this suit.
6. The suit is proceeded exparte against the defendants vide
order dated 26.02.2021.
7. Heard learned Advocate for the plaintiff. No arguments of
the defendant.
8. The following points arise for my consideration. My
findings thereon with reasons are as follows :
POINTS FINDINGS
(1) Whether the plaintiffs are the authorized
holders of the shares stated in the plaint ? Yes
(2) Whether defendant No.1 has unauthorizedly
attempted to transfer these shares ? Yes
(3) Whether the plaintiffs are entitled for the
relief sought ? Yes
(4) What order and decree ? Suit is decreed
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R E A S O N S
AS TO POINT Nos.1 to 3 :
9. The plaintiffs have examined Maltiben (PW1) at Exh.7.
The plaintiffs have relied on following documentary evidence,
List of working shares Exh.8
Exh.9 Letter date 28.09.2006 issued by defendant No.3 to the plaintiffs
Exh.10 Plaintiff's letter dated 12.05.2018 to respondent No.2 at
Exh.11 Defendant No.2's letter dated 31.05.2018 to plaintiff No.1
Exh.12 Defendant No.2's letter dated 19.06.2018 to plaintiff No.1
Exh.13 Plaintiff's letter dated 14.07.2018 to plaintiff No.2
Exh.14 Defendant No.2's letter dated 25.07.2018 to the plaintiff
Exh.15 Complaint dated 14.08.2018 filed by the plaintiff to the police
station.
Exh.16 Missing certificate of police dated 14.08.2018
Exh.17 Defendant No.2's letter dated 11.09.2018 to the plaintiff.
Exh.18 Defendant No.2's letter dated 05.11.2018 to the plaintiff.
10. From the correspondence made vide letters dated
28.09.2006 Exh.9, 12.05.2018 Exh.10, 31.05.2018 Exh.11, 19.06.2018
Exh.12, 14.07.2018 Exh.13, 25.07.2018 Exh.14, 11.09.2018 Exh.17 and
letter dated 05.11.2018 Exh.18, the plaintiffs are still authorized
holders of the shares of defendant No.3 company. It is the case of the
plaintiffs that they have lost the share certificates. It was informed to
them that defendant No.1 has attempted to transfer these shares in his
favour but due to technical reasons, the said transfer was rejected by
defendant No.3. Defendant No.1 failed to appear before Court to
substantiate his rights if any in respect of the subject shares. Record
shows that as on today, the plaintiffs are the authorized holders of the
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shares stated in Exh.A attached to the plaint. In absence of any valid
stands of defendant No.1, the circumstance on record supports the
plaintiffs' case that they have misplaced the shares and defendant No.1
tried to get it transferred in his name unauthorizedly. The
correspondence made by defendant Nos.2 and 3 substantiate the
plaintiffs' case therefore, the plaintiffs are entitled to the relief of
declaration and injunction. As the original share certificate is lost, the
plaintiffs are entitled for issuance of duplicate share certificate from
defendant No.2 as defendant No.1 is not authorized holder of these
shares is required to be restrained from creating any third party interest
in the shares. Hence, I answer Point Nos. 1 to 3 accordingly.
As to Point No.4 :
11. As the plaintiffs have proved their claim, the suit is
required to be decreed. Therefore, in answer Point No.4 I pass the
following order.
ORDER
a) The suit is decreed.
b) It is declared that, the alleged attempt of transfer made by
defendant No.1 for transfer of 100 shares of TCS eServe Limited
bearing distinctive Nos.2844146 to 2844845, Certificate No.28443 held
under folio E8M0020642 and now new Folio No.C2M0000972,
Certificate No.M201417625 and distinctive Nos. 1957265847 to
19572266171 and Certificate No. B301420128 and distinctive Nos.
1970474192 to 1970474516, is void.
c) Defendant No.1 is restrained from attempting to transfer the
aforesaid shares.
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d) The plaintiffs are entitled for the duplicate share certificate of
aforesaid shares. Defendant No.3 to comply with the same on due
compliance, if any, required from the plaintiff.
e) Decree be drawn up accordingly.
Date :05/07/2022 (R.A. SASNE)
Dictated on : 05/07/2022. Adhoc Judge, C.R.No.62,
Checked on : 06/07/2022. City Civil Court,
Signed on :07 /07/2022. Mumbai.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
08.07.2022 at 11.20 a.m. Mr. S.S. Bathe
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. R.A. SASNE (C.R.No.62)
Date of pronouncement of Order 05/07/2022
Order signed by P.O. on 07/07/2022
Order uploaded on 08/07/2022
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