S.RAVINDRA BHAT, J.

1. In this rare and unusual form of proceeding, (under Section 88 read with Order 35, of Code of Civil Procedure (or CPC)), the plaintiff (hereafter referred to as “Asian Hotels Ltd.”) seeks relief as an inter-pleader about the true ownership of 2800 shares issued by it; both the defendants are rival claimants, to those shares.

2. The facts briefly are that the Asian Hotels Ltd. was incorporated in 1980. In 1982, it advertised, calling for applications in respect of a public issue of shares bearing face value of Rs.10/-each. The public issue was open between 04.02.1982 and 23.10.1982. One Mr. Y.A. Ghulam Mohamed applied for 2000 shares through an application No. 029651 on 14.10,1982. He had furnished his address as C/o. M/s. Loay Printing Press, Ruwi, Sultanate of Oman. The shares applied for were allotted and Asian Hotels issued an intimation for the purpose, on 11.03.1983 (Ex. P-1/2). Asian Hotels relies upon the Company Share Register and a letter dated 13.10.1983, regarding issue of Equity Shares to non-residents; the latter document is produced as Ex. P-1/3. A copy of the Share Application Form applied for in 1982, being No. 29651, has been produced