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2021 Supreme(Cal) 201

DEBANGSU BASAK
Mittal Portfolios Pvt. Ltd. – Appellant
Versus
Subir Kumar Das – Respondent


Advocates Appeared:
Hasnuhana Chakraborty, Advocate, Anna Malhotra, Advocate, Debdulal Halder, Advocate, Jishnu Chowdhury, Advocate, Iran Hasan, Advocate, Chayan Gupta, Advocate, Sarket Sarawgi, Advocate

JUDGMENT

Debangsu Basak, J. - In a suit for declaration, perpetual and mandatory injunction, relating to 100 equity shares of the defendant no.3 under folio No.383, the plaintiff seeks interim protection.

2. Learned advocate appearing for the plaintiff submits that, the plaintiff and the defendant no.1 entered into an agreement dated October 17, 2013 relating to the shares in the suit. She draws the attention of the Court to the various clauses of the agreement. She submits that, the plaintiff performed its obligations under the agreement. The plaintiff paid the entire consideration money. In fact, the defendant no.1 part performed the obligations under the agreement. The defendant no.1 upon receipt of the consideration money, forwarded the succession certificate as was required. It is subsequent thereto, that the defendant no.1 purported to take a stand that, heirs of the deceased sister of the defendant no. 1 were not willing to have the share transferred. She submits that, as on October 15, 2016 at least, the transaction between the plaintiff and the defendant no.1 stood concluded. According to her the title to the 100 shares stood transferred upon the plaintiff depositing the co

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