Mool Chand Garg, J.

1. This appeal arises out of judgment/order passed by the Addl. District Judge Delhi dated 02.09.2005 whereby in a suit/plaint filed for declaration/cancellation of transfer deed, mandatory and permanent injunction filed by the Appellant has been directed by the Addl. District Judge to be returned for presentation before the Court of competent jurisdiction. The impugned order has been passed on the basis of the findings returned on issue No. 1 which was as follows "whether this Court has got no territorial jurisdiction to entertain the present suit for the reasons stated in paragraph 2 and 3 of the written statement (preliminary objections)".

2. The suit in question was filed by the Appellant with the following prayers:

(a) That a decree for declaration declaring the plaintiffs to be the owners of the shares, details of which are given hereunder be passed in favour of the plaintiffs and against the Defendants:

Distinctive Record No. Certificate No. of Nos No. Shares --- 930251955 09195779 50 --- 930252005 09195779 50 133452933 ----- 06307612 50 --- 907158829 08070715 50

(b) A decree for cancellation of the Transfer Deeds bearing No. 4994198, 4994199, 4994201 and 4994203 be passed in favour of the plaintiff and against the Defendants and direction be issued to Defendant No. 3 to deliver the original share scripts detailed in para No. 1 above to Defendant No. 2 who in turn be directed to transfer the said shares in favour of the plaintiffs and deliver the same to the plaintiffs;

(c) a decree for permanent injunction be passed in favour of the plaintiffs and against the Defendants restraining the Defendants No. 1 and 2 to transfer the said shares in favour of any one else and against the Defendant No. 3, his servants and agents from transferring, alienating, encumbering or parting with possession of shares bearing Nos. the details of which are given below:

Distinctive Record No. Certificate No. of Nos No. Shares --- 930251955 09195779 50 --- 930252005 09195779 50 Distinctive Record No. Certificate No. of Nos No. Shares 133452933 --- 06307612 50 --- 907158829 08070715 50

(d) Cost of the suit be awarded;

(e) such other orders be passed as this hon'ble Court deems fit and proper.

3. The facts in brief are that the Appellants purchased 200 shares of Respondent No 1 from Respondent No 4 on 29.03.1993 vide intimation letter No TX-29006 dated 20.03.1993 for a total consideration of Rs. 35,526/- which were delivered by Respondent No 4 vide bill dated 12.04.1993 along with transfer deeds. The Appellants have stated to have sent the said shares to Respondent No 1 and 2 for carrying out ratification in the register of members vide letter dated 27.04.1993 and having not received any response from the Respondents sent a fax message dated 25.09.1993 which was replied by the Respondents through reply fax message and also vide letter dated 20.12.1993 stating that the shares stood transferred to Respondent No 3 on transfer deeds lodged.

4. It is thereafter Appellants filed the suit in question before the District judge on the ground that the Respondent No 3 had no title, right or interest in the said shares and also the transfer deed alleged to have been executed in favour of Respondent no 3 is forged and fabricated document and hence needs to be cancelled by transferring those shares in the name of the Appellant.

5. The Respondents No 1 & 2 have contested the suit on the grounds that the registered office of the Respondents is located in Mumbai, hence the courts in Delhi have no territorial jurisdiction to try the suit as no cause of action arose here. Further Respondents have also taken a stand that the issue relates to the rectification in the register of the shareholders Under Section 155 of the Companies Act and hence either The Company Law Board can decide this issue or by the virtue of Section 10 of Companies Act, it is the Mumbai High Court or the District Courts at Mumbai Under Section 10(a) who have the jurisdiction to