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S.A.SHAH, R.K.SHAH
TRILOCHAN DIPAKLAL MEHTA – Appellant
Versus
RAMESH AMBALAL MODI – Respondent


Advocates:
Counsel for the Parties :
For the Appellant : In person.
For the Respondent:Mr. A.J. Shastri, Advocate.

ORDER

Mr. Justice S.A. Shah, President—The appellant is the original complainant who filed a complaint before the District Forum, Mehsana against Ramesh Ambalal Modi who is proprietor of Shrinathji Share broker carrying on business as share broker. The complainant was in possession of various scrips and has sold 754 shares of Reliance, 20 shares of Asian Paints, 95 shares of Orissa cement, 50 shares of Apple, 300 shares of A.V. Thomas, 94 shares of Lohia Machinery and 5 shares of Kesoram at the rates mentioned in the list and gave delivery to the broker alongwith the transfer form. The broker appears to have delivered the shares to the respective purchasers and sent a cheque for Rs. 95,841/- to the appellant complainant and requested him not to encash the cheque for some time. The complainant thereafter sent the cheque for realisation to the bank. The bank has refused the payment on the ground that there was no balance. The complainant alleges that the broker has left the city with the intention not to make payment to anybody. The complainant has also produced the printed bill of Shrinathji broker which shows the share transaction made by the opponent on behalf of the wife of the co






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