VISHNU MANGLANI Vs. RELIANCE INDUSTRIES

JUDGEMENT

(1.) This appeal arises out of judgment/order passed by the Addl. District Judge Delhi dated 02.09.2005 whereby in a suit/plaint filed for declaration/cancellation of transfer deed, mandatory and permanent injunction filed by the appellant has been directed by the Addl. District Judge to be returned for presentation before the Court of competent jurisdiction. The impugned order has been passed on the basis of the findings returned on issue No.1 which was as follows "whether this Court has got no territorial jurisdiction to entertain the present suit for the reasons stated in paragraph 2 & 3 of the written statement (preliminary objections)".

(2.) The suit in question was filed by the appellant with the following prayers:

(3.) The facts in brief are that the appellants purchased 200 shares of respondent No 1 from respondent No 4 on 29.03.1993 vide intimation letter No TX-29006 dated 20.03.1993 for a total consideration of Rs 35,526/- which were delivered by respondent No 4 vide bill dated 12.04.1993 along with transfer deeds. The appellants have stated to have sent the said shares to respondent No 1 and 2 for carrying out ratification in the register of members vide letter dated 27.04.1993 and having not received any response from the respondents sent a fax message dated 25.09.1993 which was replied by the respondents through reply fax message and also vide letter dated 20.12.1993 stating that the shares stood transferred to respondent No 3 on transfer deeds lodged.