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2022 Supreme(Cal) 870

SOUMEN SEN, AJOY KUMAR MUKHERJEE
Kiran Devi Poddar – Appellant
Versus
Sundaram Clayton Limited – Respondent


Advocates appeared:
Siddhartha Banerjee, Advocate, Supratik Roy, Advocate, Soumajit Majumdar, Advocate

JUDGMENT

Soumen Sen, J. - The appellant is aggrieved by the judgment and decree dated 19th august, 2017 by which the learned 12th Bench of City Civil Court at Calcutta dismissed the suit being T.S. No. 1525 of 2016 (Kiran Devi Poddar vs. Sundaram Clayton Limited and Ors.). The plaintiff filed a suit for declaration and permanent injunction against the defendant.

Upon receiving the summons neither the defendants nor the substituted defendants of deceased defendant no.3 appeared before the trial court to contest the suit. accordingly, the suit proceeded ex parte against all the defendants.

The suit is based on unusual facts and surrounded by suspicious circumstances.

The plaintiff alleged to have purchased 4 share certificates of 50 shares each, that is, 200 shares of M/s. TVS Motor Limited formerly known as TVS Suzuki Limited from Gouri Dutt Parmanandka on 2nd May, 1990 on payment of Rs.4000/- and received share transfer deed and certificate. The face value of each share Rs.10/- Gouri calimed to have executed Form 7B, Share Transfer Form, on 2nd May, 1990 in the name of the plaintiff in presence of the witness namely, Mr. Ramesh Mehta. On 20th January, 2011 Sundaram Clayton Limited (in

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