Final Order 1

Order Details: Miscellaneous appeal
Pdf Text: MHCC010136892019
CNR NO. MHCC010136892019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
MISC APPLICATION NO.11 OF 2020
IN
S.C. SUIT NO.7767 OF 1997
(HIGH COURT SUIT NO.2778 OF 2001)
Eicher Motors Limited ]
(through Mr. Janesh Dhegaskar) ]
A company incorporated under ]
the provisions of the Companies Act, ]
1956 having its office at Eicher House,]
12, Commercial Complex, ]
Greater Kailash II, ]
(Masjid Moth. New Delhi – 110048. ]… Applicant/
(Org. Defendant No.1.
In the matter of
Mr. Kamlesh Damji Bharani ]....Plaintiff.
V/s.
1. Eicher Motors Limited & Ors. ]... Defendants.
Appearances :
Ld. Adv. Ms. Akanksha Vyas for Applicant/ defendant No.1.
Ld. Adv. Mr. Jayram Chandvani a/w Tanvi Mehta for Respondent.
CORAM : HIS HONOUR JUDGE
-- 1 of 4 --
2 MA 11/2020 in
Suit 7767/1997
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 11th March, 2022
ORAL ORDER
1. The present Misc. Application is filed by the applicant/
original defendant No.1 seeking clarification on the directions given in
the order dated 04.11.2015. It was submitted by the applicant that the
applicant needs clarification as to whether the applicant/defendant
No.1 is directed to mark stop share transfer on shares or in view of
further lodgement of shares for transfer by various entities during the
pendency of suit, the title of balance 2400 shares is also transferred to
in the name of the plaintiff. It was further submitted that as per the
order dated 04.11.2015 the applicant/defendant No.1 was restrained to
transfer the shares however, it is not clear whether it is directed to
mark stop share transfer on the shares and therefore clarification is
sought.
2. The plaintiff in its reply vide Exh.3 opposed the contention
of the plaintiff/ Respondent. It was submitted that the operative part is
very clear and therefore, Misc. Application be dismissed.
3. Heard Learned Advocate for applicant and Respondent. It
seems that the plaintiff/ Respondent filed a suit for declaration against
the defendants No.1 and 2 applicant, seeking declaration that the
defendant No.2 is having no right, title or interest in the 100 shares and
that the plaintiff is owner of the 100 share. Mandatory order was
sought alongwith relief of permanent injunction. The then Presiding
-- 2 of 4 --
3 MA 11/2020 in
Suit 7767/1997
Officer decreed the suit of plaintiff as per Judgment dated 04.11.2015.
The perusal of the operative part of Judgment shows that the suit was
decreed with costs. The plaintiff was declared as the owner of 100
shares having distinctive No.1596101 to 1596200 and defendant Nos.1
and 2 were restrained from effecting transfer of 2400 shares in favour
of any third person except plaintiff. It therefore, seems that the plaintiff
was delcared as the owner of all the shares and as per the second part
of operative order the defendant No.1 and 2 were restrained from
transferring 2400 shares to any third party except the plaintiff. It
therefore, seems that the order itself is clear and therefore it does not
require any further clarification. Therefore, I, proceed to pass the
following order:
ORDER
1. The Miscellaneous Application No.11 of 2020 is dismissed
2. Parties to bear their own costs.
3. R and P be sent to record department.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 11032022 City Civil Court, Gr. MUMBAI
Dictated on : 11032022
Transcribed on : 11032022
checked on : 11032022
Signed on : 14032022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
-- 3 of 4 --
4 MA 11/2020 in
Suit 7767/1997
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
14.03.2022 at 04.15 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
11.03.2022
Judgment/order signed by P.O. on 14.03.2022
Judgment/order uploaded on 14.03.2022
-- 4 of 4 --