Allowed

Nitras Exports Pvt.Ltd. v. Central Bank of India

Bombay HC27 Jul 2022WP/2571/2021

Case brief

AI extract

What is this about?

This writ petition addressed the petitioner's inability to obtain duplicate share certificates due to the respondent bank's failure to reconstruct lost title deeds for 12 years. The court awarded costs of Rs. 1 lakh against the bank and directed it to cooperate with the petitioner. The petition was disposed pending further action.

What did the court decide?

Respondent to pay Rs. 1 lakh costs to petitioner to be deposited with the advocate within two weeks.

Nitras Exports Pvt.Ltd. Vs Central Bank of India — Bombay HC (2022) — LawSathi Research

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7 wp 2571-21-os

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Priya Soparkar

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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 WRIT PETITION NO.2571 OF 2021

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Nitras Exports Private Limited… Petitioner

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PRIYA RAJESH SOPARKAR

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Digitally signed by PRIYA RAJESH SOPARKAR Date: 2022.08.02 11:12:37 +0530

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V/s.

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Central Bank of India… Respondent

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Mr.S.P.Kanuga, Advocate for Petitioner.

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Mr.Rahul Narichania, Senior Advocate i/by Ms.Tejasvi Dattatray Dalvi,
Advocates for Respondent.

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CORAM : K.R.SHRIRAM AND A.S.DOCTOR, JJ.

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 DATE : JULY 27, 2022.

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P.C.:-

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1. Petitioner and respondent have acted upon the paragraphs 9 and

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10 of the affidavit of Shri Rajesh Kumar Gupta (Regional Head-South

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Mumbai Regional Office of Central Bank of India, Chandermukhi,
Nariman Point, Mumbai affirmed on 12th July, 2022 for reconstruction
of the documents, which according to respondent, despite due efforts

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to trace the title deeds, are not traceable. Respondent states to have
taken steps as under :-

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“a. Respondent has lodged lost report No.19757-2022 dated 14^th July, 2022 informing M.R.A. Marg Police Station that the documents mentioned therein are lost.

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b.Respondent has public notice in Times of India, Mumbai

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7 wp 2571-21-os

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Priya Soparkar

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edition, issue of 15th July, 2022 informing the public at large that
they have lost the documents of title mentioned therein and
inviting objections, if any. The above notice is also published in
vernacular language Hindi in Nav Bharat Times, Mumbai edition
on 15th July, 2022 and also in vernacular language Marathi in issue
dated 15th July, 2022 of Maharashtra Times, Mumbai edition.

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c.Respondent, bank has informed by letter dated 14th July,
2022 to the Secretary, Raheja Chambers Premises Co-operative
Society Limited to remove the lien of the bank on Office No.101,
Raheja Chambers, Nariman Point, Mumbai -400 021.

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d.Respondent has addressed further Letter dated 19th July,
2022 to the Secretary, Raheja Chambers Premises Co-operative
Society Limited that there are no outstanding dues payable by
petitioner.

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e. Respondent has certified as true copies, the documents
mentioned in loss report No.19757-22.

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f. Respondent has also furnished affidavit of the Assistant
General Manager, Ashok Sharma of Respondent, bank affirmed on
20th July, 2022 to petitioner to enable petitioner to obtain
duplicate share certificate from Raheja Chambers Premises Co-
operative Society Limited.”

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2. A copy of the said affidavit of Ashok Sharma is annexed at Ex.

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F to the another affidavit by Mr.Ashok Sharma affirmed on 26th July,
2022.

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3.Mr.Narichania states that the said affidavit will be filed in the
registry by tomorrow, i.e., on 28th July, 2022. Statement accepted as an
undertaking to this court.

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4. Registry to also provide a certified copy of the said affidavit dated 26^th July, 2022 to petitioner, if applied for.

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5.Mr.Narichania on instructions undertakes to this court that
respondent shall extend all co-operation to petitioner and provide any
further documentation that petitioner may require for obtaining
duplicate share certificate from Raheja Chamber Premises Co-

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Priya Soparkar37 wp 2571-21-os

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operative Society Limited. Mr.Narichania further states that the
documents will be made available/the request of the petitioner will be
complied with not later than seven days of receiving of request in
writing from petitioner. Statement accepted as undertaking to this
court.

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6. Mr.Kanuga states that petitioner has no further claim against respondent except that he prays court should award some costs.

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7.In our view, Mr.Kanuga is justified in asking for costs because
petitioner would not have come to court, but for the inaction on the
part of respondent for almost 12 years. Therefore, respondent to pay a
sum of Rs.1 lakh (Rupees one lakh only) as costs to petitioner and
this amount shall be paid within two weeks from today by way of
cheque drawn in favour of Mr.Kanuga.

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8. Petition stands disposed.

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9. All to act on authenticated copy of this court. Certified copy expedited.

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 (A.S.DOCTOR, J.) (K.R.SHRIRAM, J.)

Nitras Exports Pvt.Ltd. v. Central Bank of India

Case brief

What is this about?

What did the court decide?

Nitras Exports Pvt.Ltd. v. Central Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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