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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
FIRDOSH P. POONIWALLA, J
Shrikant G. – Appellant
Versus
Punjab National Bank – Respondent
JUDGMENT :
This Interim Application has been filed by the Plaintiff under the provisions of Order XIIIA of the Code of Civil Procedure, 1908 (“the CPC”), seeking the following reliefs:-
“(a) a summary judgment be passed under Order XIII-A of the Code of Civil Procedure, 1908 decreeing to direct the Defendant by an order of mandatory injunction to hand over/ transfer to the Applicant the subject shares 11,25,000 shares of ITC Ltd. as more particularly mentioned in the chart Exhibit “VV” to the Plaint and all further accruals thereon (whether by way of bonus, rights, dividends) and to do all things necessary for that purpose including signing transfer / Demat forms;
(b) a summary judgment be passed under Order XIII-A of the Code of Civil Procedure, 1908 decreeing the Defendant to pay to the Plaintiff the accrued dividend on the subject shares from the date of declaration of each such installment dividends by ITC till the date hereof aggregating to Rs.9,64,00,000/- as more particularly mentioned in the chart annexed as Exhibit “WW” to the Plaint and Exhibit “I” hereto;
(c) a summary judgment be passed under Order XIII-A of the Code of Civil Procedure, 1908 decreeing that this Hon’ble Cour
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The application for summary judgment is not maintainable due to triable issues, including limitation and withdrawal of the suit.
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