YOGESH MOHAN TIWARI Vs. MAHENDRA SANGHVI

JUDGEMENT

(1.) THE appellant herein is the original defendant No.2 against whom as well as against respondent No.5 herein respondents Nos. 1 to 4 have filed a suit being Civil Suit No. 4727 of 1997. The aforesaid suit is filed by the plaintiffs for permanent injunction.

(2.) IT is the case of the plaintiffs that the plaintiffs are the owners of 1000 Shares of the defendant No.1 Company, i.e. M/s.Satyam Computers Ltd. and that that the original Share Certificates which were kept in the brief -case had been stolen away from their office on 29.1.1996. According to the plaintiffs, they had also filed a criminal complaint with the concerned police station on 30.1.1996 and intimation was also given to the defendant No.1 Company in this behalf with a request not to enter into transaction with regard to the said Shares. On the aforesaid facts in the suit, an application for interim injunction was filed and a show cause notice was also issued to the defendant No.1 Company.

(3.) I have heard learned advocates. In my view the discretionary order passed by the trial Court is not required to be interfered with by this Court in this Appeal From Order, unless the suit is finally decided at this stage, the Court cannot come to a positive conclusion one way or other. Whether defendant No.2 is a bonafide purchaser or not or whether the Shares in question were subjected to theft or not are the questions which are to be decided in the suit after appreciating the evidence on record which may be led by the parties before the trial Court.