SMITHKLINE BEECHAM CONSUMER HEALTHCARE LTD Vs. MANJU GOLCHA

JUDGEMENT

(1.) The territorial jurisdiction of the City Civil Court at Calcutta in receiving and trying the suit filed by the plaintiff is the subject-matter of challenge in this revisional application.

(2.) The plaintiff claims to be the holder of 1000 Equity shares in the defendant company. The plaintiff further claimed that consequent thereupon 600 bonus shares were issued and recorded in their favour but the original 1000 Equity shares sent for transfer in the month of April, 1997 were not received by the plaintiff. The plaintiff also received dividends.

(3.) On complaints being made by the plaintiff regarding non-receipt of 1000 shares, the defendant No.1 company forwarded photocopies of alleged transfer deeds purported to have been executed by the plaintiff in favour of one Ashvin M. Shah. The plaintiff soon thereafter denied such claim and demanded return of such shares from Ashvin M. Shah being the opposite party No.2 in this proceeding. In respect of 300 shares, the defendant No.1 company agreed to issue duplicate share certificates provided certain obligations being fulfilled by the plaintiff. The plaintiff denied having sold any such shares in favour of any third party and required the defendant company to produce and deliver the said thousand shares which, however, the defendant No.1 had failed to perform. In this background, the suit for declaration claiming ownership over 1000 Equity shares and other reliefs has been filed.