BANK OF BOMBAY Vs. SULLEMAN SOMJI

JUDGEMENT

(1.) This is an appeal from a decree, dated the 22 January, 1907, pronounced by the High Court of Judicature at Bombay (sitting in appeal from its Original Civil Jurisdiction) by which a decree, dated the 6 August 1906, of the High Court (sitting in its Ordinary Original Civil Jurisdiction) was reversed and set aside. By this latter decree the respondent's action was dismissed with costs.

(2.) The respondent is a holder of one share in the appellant Company, the Bank of Bombay, one of the Banks incorporated in 1876, by the Indian Statute of that year entitled the Presidency Banks Act, 1876.

(3.) It was suggested that the respondent purchased this share for the purpose of causing annoyance to the Bank owing to the fact that some other litigation to which he was a party had been instituted against the Bank and was still pending. There was no satisfactory evidence given to sustain this allegation.