Second appeal by 1st defendant against concurrent decrees directing delivery of 12 share certificates to plaintiff who proved purchase and receipt of dividends through Ex.A1-A6; defendant led no evidence. High Court found no substantial question of law and dismissed the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
S.A. No.674 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.10.2024
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
S.A. No.674 of 2024 and
C.M.P.No. 21752 of 2024
The Authorised Signatory M/s. Nadar Mahajana Bank Share Investors Forum, Malai Murasu Building, No.246, Anna Salai, Thousand Lights, Chennai-600 010.
... Appellant
Vs.
A.Selvam .. Respondent
PRAYER : Second Appeal filed under Section 100 of Code of Civil Procedure, to set aside the judgment and decree passed in A.S.No.167 of 2023 dated 16.07.2024 on the file of XXI Addl. City Civil Court, Allikulam confirming the judgment and decree in O.S.No.6009 of 2016 dated 03.03.2023 on the file of XVII Asst. Judge, City Civil Court, Chennai.
1/7
S.A. No.674 of 2024
For Appellant : Mr.K.Mohanamurali For Respondent : Mr.N.V.N.Margandeyan
JUDGMENT
The appellant, who is 1st defendant in the suit in O.S.No.6009 of 2016, which was filed by the respondent/plaintiff seeking for the relief of mandatory injunction directing the 1st defendant institution to deliver 12 original share certificates under Folio No.31457, which had been handed over by the 2nd defendant to the 1st defendant and other consequential relief and the same was decreed and the 1st defendant was directed to deliver share certificates to the plaintiff on production of indemnity bond to the satisfaction of 1st defendant. Against which, the 1st defendant Forum preferred an appeal in A.S.No.167 of 2023 on the file of XXI Addl. City Civil Court, Chennai and the same was also dismissed confirming the findings of the trial court. Now, challenging the concurrent findings of courts below, the 1st defendant preferred this Second Appeal.
2/7
S.A. No.674 of 2024
as respondent and perused the materials available on record.
3/7
S.A. No.674 of 2024
the contention of appellant/1st defendant and dismissed the appeal by confirming the findings of trial judge and also directed the 1st defendant to hand over the share certificates. Challenging the said concurrent findings, the 1st defendant preferred this Second Appeal.
4/7
S.A. No.674 of 2024
objections on the side of 1st defendant is that the plaintiff not produced the remittance proof for making payment towards purchase of share. But, before the trial court, the plaintiff produced Ex.A1, through which he is able to establish that at the earliest point of time, the address of plaintiff was erroneously given and subsequently, the same was rectified. Thereafter, the dividend warrants were issued during the year 2008-2014 and the same were marked as Ex.A1 to Ex.A6. Therefore, the suit was filed in the year of 2015. The receipt letters issued between the 1st defendant and the 2nd defendant also produced. It is to be noted that there is no evidence on the side of appellant nor any documentary evidence, however the 1st defendant have contested the suit. The plaintiff proved that he has purchased the share certificates and also received the dividends. Therefore, the objection raised on the side of 1st defendant was rightly declined by the courts below, which needs no interference. Hence, I do not find any merit in this Second Appeal as there is no substantial question of law involved. Accordingly, this Second Appeal is dismissed. Time is granted to the appellant/1st defendant to hand over 12 share certificates under Folio No. 31457 for the period of two months from the
5/7
S.A. No.674 of 2024
date of receipt of copy of this order. No costs. Consequently, connected Civil Miscellaneous Petition is closed.
01.10.2024
Index : Yes / No Internet : Yes / No Speaking/Non-speaking order rpp To XXI Addl. City Civil Judge, City Civil Court, Allikulam, Chennai.
6/7
S.A. No.674 of 2024
T.V.THAMILSELVI, J.
rpp
S.A. No.674 of 2024
01.10.2024
7/7
2 issues framed by the court
Whether the courts below erred in directing the 1st defendant to deliver 12 original share certificates under Folio No.31457 to the plaintiff.
Whether any substantial question of law arises for consideration under Section 100 CPC.
1 provisions across 1 enactments
The Authorised Signatory M/s. Nadar Mahajana Bank Share Investors Forum
A.Selvam
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
