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1962 Supreme(Bom) 8

SHAH
Rao Saheb Manilal Gangaram Sindore – Appellant
Versus
Western India Theatres Ltd. – Respondent


Advocates:
S.V. Gupta with Rege, for plaintiffs; Zaiwalla for Defendant 1; J.I. Mehta, for Defendants 2 and 3.

Judgement

JUDGMENT : I am afraid this suit will have to be dismissed on the preliminary issue that is raised on behalf of the 1st defendant company in consequence of a notice given by it to the plaintiffs and the issue is as to whether this Court has jurisdiction to entertain this suit. The reason why this is raised is that the subject-matter of the suit has been valued by the plaintiffs at Rs. 1,300/- and obviously, therefore, this Court will have no jurisdiction to entertain this suit.

2. The suit is filed by the plaintiffs for rectification of the register of members maintained by the 1st defendant company, alleging that the latter had wrongfully refused to register in their names certain shares in respect of which they had submitted to the company a duly completed transfer form. It is not necessary for me to set out the various allegations that have been made by the plaintiffs in the plaint in support of their contention that they are entitled to call upon the 1st defendant company to rectify the register of members and register the transfer of the shares in question in their names. It is enough for the present to indicate that the value of the shares which are the subject-matter






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