Mr. Justice S.C. Datta, President—This is an appeal by the petitioner against the order of dismissal of the complaint petition. The petitioner claimed that he was the owner of 6300 equity shares of Rs. 10/- each of the opposite party. In pursuance of letter of offer to its share holders for purchase of the equity shares of Rs. 10/- each at purchase price of Rs. 35.25 per share, the petitioner lodged all the 6300 equity shares on 8.2.1996 along with the duly filled in letter of acceptance. According to the said open offer the consideration money was payable by the opposite party within one month of the closing date of the offer i.e. 29.2.1996. The opposite party made payment in respect of 1400 shares and returned 300 shares. The consideration money for balance 4600 shares has not been paid by the opposite party despite repeated reminders. Those shares were returned to the complainant and are at present lying in possession of the complainant.

2. The case was contested by the opposite party by filing a written objection raising objection about the maintainability of the case. The Forum upheld the objection and dismissed the case. Hence this appeal.

3. In paragraph 1 of the complain