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2018 Supreme(SC) 931

ROHINTON FALI NARIMAN, INDU MALHOTRA
Adesh Kaur – Appellant
Versus
Eicher Motors Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. K.V. Viswanathan, Mr. K.V. Balakrishnan, Mr. S.M. Sundram, Mr. Ravi Raghunath, Mr. K.V. Mohan
For the Respondents: Mr. Shyam Divan, Mr. Anoop Dawar, Mr. Rajesh Ranjan, Mr. Sumit Teterrwal, Mr. Pratap Venugopal, Ms. Surekha Raman, Ms. Niharika, Ms. Kanika Kalaiyarasan, M/s. K.J. John And Co, Mr. Tushar Mehta, Mr. Bharat Singh, Mr. Arvind Kumar Sharma, Ms. Swati Ghildiyal, Mr. Mukesh Kumar Maroria

JUDGMENT :

R.F. Nariman, J.

The present case discloses a very sordid state of facts.

2. The appellant before us is a resident of Punjab, and had acquired in all 903 equity shares in the respondent No. 1 Company. This acquisition took place way back in the year 1994-95.

3. It appears that sometime in 2012, another Ms. Adesh Kaur, who is a resident of Mumbai impersonated the appellant and requested respondent No. 2 to change the address from Punjab to Mumbai. It is not disputed before us that the standard procedure to be followed was not followed by respondent No. 2, and the aforesaid change of address was despite the requirements of Circular No. 1 dated 09.05.2001. The impersonator then went on to execute an indemnity bond by forging the appellant’s signature for issue of duplicate share certificates of the 903 equity shares mentioned above. This being done, on 28.09.2012, Respondent No. 2 issued duplicate certificates in favour of the impersonator who, in turn, on 10.12.2012, transferred the said shares to one Vikas Tara Singh, respondent No. 8, resident of Malad, Mumbai by using the forged signature of the appellant. At this stage, it is important to note that respondent No. 8, though











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