2001 (1) TMI 872

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....FORMA, MEMBERS   ORDER Justice S.C. Datta, President - This appeal has arisen out of order dated 11-11-1998. The present dispute revolves round the question of transfer of some shares in favour of the complainant. The case of the complainant is that sometimes in 1994 he purchased 400 equity shares of opposite party No. 1 through opposite party No. 2. Subsequently these shares were fo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ause of want of territorial jurisdiction. The opposite party had also raised the question of fraud and forgery in the matter of transferring those shares in the name of the complainant. 3. It appears that the Forum overruled this objection with regard to lack of jurisdiction on the part of the Forum to entertain and determine the dispute. The Forum also disallowed the objection with regard to f....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....2000 SC 579^1 . We have perused the decision of the Hon'ble Supreme Court and we are inclined to apply the ratio of decision rendered by it. The Supreme Court held clearly that the cause of action for failure to deliver the share certificates would arise where the registered office of the company is situated. It is accepted that the register of shares is maintained at the registered office of the ....