M.L.MEHTA
Bhartesh Kumar Jain – Appellant
Versus
Phoenix International Ltd. – Respondent
M.L. Mehta, J.
1. The present suit is filed by the plaintiff, claiming damages against defendant no.1 to the tune of Rs. 1,01,77,560/- (Rupees One Crore, One Lakh, Seventy Seven Thousand, Five Hundred and Sixty Only) with interest @ 18% p.a, pendente lite, till realization of the demand, and a mandatory injunction against defendant no.1 to issue all the bonus shares, dividends and warrants accrued on the distinctive shares and warrant certificates to the plaintiff.
2. The plaintiff’s case is that it had purchased 5100 shares of defendant no.1company from M/s ESS GEE Associates (defendant no.2). These shares were registered in the name of Shri Suren Goel, Shri J.S Malik and Smt. Jagjeet Kaur Malik, who were the original allottees of the said shares. The plaintiff further purchased 2550 warrant certificates from defendant no.2 firm which were registered with the defendant no.1 company. The defendant no.1 is a registered company engaged in the business of manufacturing and export of foot wears and defendant no.2 is a proprietor firm which acts as a share broker. That the plaintiff, through the defendant no.2 purchased the said shares for a consideration of Rs. 7,61,400/- (R
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