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1951 Supreme(SC) 84

N. CHANDRASHEKAR AIYAR, M. PATANJALI SASTRI, M. C. MAHAJAN, B. K. MUKHERJEE, S. R. DASS
P. D. Shamdasani – Appellant
Versus
Central Bank Of India LTD. – Respondent


Advocates:
C.K.DAFTARY, J.B.DADACHAN, RAJENDER NARAIN

Judgment

      Patanjali Sastri, C.J.I. - This is a petition under Art. 32 of the Constitution for the enforcement of the petitioner s fundamental rights under Art. 19 (1) (f) and Art. 31 (1) alleged to have been violated by the Central Bank of India Ltd., a company incorporated under the Indian Companies, Act. 1882, and having its registered office at Bombay, (hereinafter referred to as "the Bank").

2. It appears that the petitioner held five shares in the share capital of the Bank which sold those shares to a third party in purported exercise of its right of lien for recovery of a debt due to it from the petitioner, and the transfer was registered in the books of the Bank in the year 1937. The petitioner thereupon instituted a series of proceedings in the High Court at Bombay on its original and appellate jurisdiction challenging the validity of the said sale and transfer. The latest of these proceedings was a suit filed against the Bank in 1951 wherein the plaint was rejected on 2-3-1951 under O. 7, R. 11 (d), Civil P. C as barred by limitation. The petitioner now prays that all the adverse orders made in the previous proceedings be quashed and the said High Court be directed to h








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