SOOLLEMAN SOMJI Vs. BANK OF BOMBAY

JUDGEMENT

(1.) The question in this appeal is, whether the appellant, who is a registered holder of one share of the respondent Bank, has, as such, the right to inspect its register of share-holders. Scott J., by whom the appellant's suit for a declaration of the right and an injunction was heard, has dismissed the claim, on the ground that at the date of the suit there was no "specific dispute or question depending," in which the appellant was interested, to entitle him to the inspection, but that his sole object was "to cause annoyance to the Bank officials and particularly to Ahmedbhoy Hubibbhoy, who is one of the directors."

(2.) Before us, as it was before Scott J., the appellant's case has been put upon the ground of a common law right possessed by every member of a corporate body. According to Section 4 of Act XI of 1876, the respondent Bank is a body corporate, possessing and enjoying "all the rights, powers and immunities incident by law to a Corporation aggregate, subject nevertheless to the provisions of this or any other Act for the time being in force regulating the Bank." By Section 22, "the proprietors and share-holders for the time being and no other persons" shall be members of the corporate body constituted by the Act.

(3.) It is not disputed before us, as it was not disputed before Scott J., that every member of a Corporation has the right under common law to inspect its books and records. That the right exists is clear from Gery V/s. Hopkins (1796) 7 Mod. Hep. 129, Rex V/s. The Fraternity of Hostmen (1795) 2 Stra. 1221 and The King V/s. Merchant Tailors Co. (1831) 2 B. & Ad. 115.