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The Bombay Dyeing & Manufacturing Co. Ltd. v/s Mehmud M. Chopda (LRs) & Another


Company & Directors' Information:- THE BOMBAY DYEING AND MANUFACTURING COMPANY LIMITED [Active] CIN = L17120MH1879PLC000037

Company & Directors' Information:- R K MANUFACTURING CO LTD [Active] CIN = L27209WB1984PLC037758

Company & Directors' Information:- R K MANUFACTURING CO LTD [Active] CIN = L27209GJ1984PLC098951

Company & Directors' Information:- INDIA MANUFACTURING CORPORATION PRIVATE LIMITED [Active] CIN = U24100DL2010PTC198947

Company & Directors' Information:- S I A MANUFACTURING PRIVATE LIMITED [Active] CIN = U74120UP2013PTC057004

Company & Directors' Information:- S K M MANUFACTURING PRIVATE LIMITED [Active] CIN = U17200DL2011PTC223768

Company & Directors' Information:- S T S MANUFACTURING PRIVATE LIMITED [Active] CIN = U28112TZ2006PTC012940

Company & Directors' Information:- A S P MANUFACTURING COMPANY PVT LTD [Active] CIN = U27109WB1991PTC051461

Company & Directors' Information:- A K MANUFACTURING PVT LTD [Active] CIN = U51909MN1988PTC003110

Company & Directors' Information:- M R DYEING PRIVATE LIMITED [Active] CIN = U17120MH2005PTC150387

Company & Directors' Information:- I T A C (INDIA) MANUFACTURING CO LTD [Dissolved] CIN = L51109WB1982PLC034689

Company & Directors' Information:- J D MANUFACTURING CO PVT LTD [Active] CIN = U51909WB1996PTC079825

Company & Directors' Information:- A S P MANUFACTURING COMPANY PVT LTD [Not available for efiling] CIN = U36900WB1991PTC005146

Company & Directors' Information:- B R D MANUFACTURING PRIVATE LIMITED [Active] CIN = U51109WB1997PTC085188

Company & Directors' Information:- R J S MANUFACTURING PRIVATE LIMITED [Active] CIN = U27104DL1997PTC090521

Company & Directors' Information:- B U MANUFACTURING PVT LTD [Active] CIN = U51109WB1982PTC035271

Company & Directors' Information:- M M MANUFACTURING PVT LTD [Active] CIN = U26922WB1993PTC059837

Company & Directors' Information:- J. C. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U21099WB2020PTC236821

Company & Directors' Information:- S B MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U31506WB1999PTC088567

Company & Directors' Information:- R P L DYEING PRIVATE LIMITED [Strike Off] CIN = U17120MH1999PTC119345

Company & Directors' Information:- K. V. J. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U29308DL2017PTC320213

Company & Directors' Information:- A T E MANUFACTURING CO PRIVATE LIMITED [Amalgamated] CIN = U28999GJ1973PTC002296

Company & Directors' Information:- J P MANUFACTURING AND CO PVT LTD [Strike Off] CIN = U51226WB1982PTC034927

Company & Directors' Information:- D. K. MANUFACTURING (INDIA) LIMITED [Strike Off] CIN = U37200WB2011PLC170403

Company & Directors' Information:- J J DYEING PRIVATE LIMITED [Active] CIN = U18109HR2016PTC064228

Company & Directors' Information:- A P DYEING PVT LTD [Strike Off] CIN = U51494WB1992PTC055135

Company & Directors' Information:- B M DYEING PVT LTD [Active] CIN = U17297WB1983PTC037003

Company & Directors' Information:- S M MANUFACTURING COMPANY PRIVATE LIMITED [Active] CIN = U34300HR1997PTC057824

Company & Directors' Information:- G K MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U34300PB2012PTC036073

Company & Directors' Information:- P & B MANUFACTURING PRIVATE LIMITED [Active] CIN = U29254TN2010PTC076696

Company & Directors' Information:- B. V. H. MANUFACTURING INDIA PRIVATE LIMITED [Active] CIN = U74999GJ2018FTC100633

Company & Directors' Information:- H M DYEING LIMITED [Under Liquidation] CIN = U74899DL2005PLC139287

Company & Directors' Information:- R A MANUFACTURING COMPANY PRIVATE LIMITED [Strike Off] CIN = U36900HR2012PTC047669

Company & Directors' Information:- A K R MANUFACTURING PRIVATE LIMITED [Active] CIN = U19200RJ2012PTC041177

Company & Directors' Information:- C N C MANUFACTURING PRIVATE LIMITED [Strike Off] CIN = U64204DL2015PTC281449

    Revision Petition No. 3843 of 2010

    Decided On, 24 July 2014

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE K.S. CHAUDHARI
    By, PRESIDING MEMBER

    For the Petitioner: Jasmeet Singh, Advocate. For the Respondents: R1, Dr. Sushil Kumar Gupta, Advocate, R2, Ex-parte.



Judgment Text

K.S. Chaudhari, Presiding MemberThis revision petition has been filed by the petitioner against the order dated 21.07.2010 passed by the Gujarat State Consumer Disputes Redressal Commission, Ahmedabad (in short, ‘the State Commission’) in Appeal No. 214 of 2007 – Bombay Dyeing and Manufacturing Co. Ltd. Vs. Mohammad Ibrahim Chopda & Anr.by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

2. Brief facts of the case are that complainant/respondent no. 1 purchased 100 shares of OP No. 1/petitioner through OP No. 2/Respondent No.2 @ Rs.380.50 per share and paid amount. Shares were transferred in the name of complainant. Complainant received notice from Civil Court, Madras, but he could not appear before that Court. On 26.12.2005, complainant received two separate papers along with copy of Court order and share transfer form and 100 shares of complainant were taken back and it was further mentioned that duplicate share certificates will be issued in the name of Sharda Joshi and Sanjay Chedda; though, complainant did not sell aforesaid shares. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP did not file written statement. District Forum after hearing complainant allowed complaint and directed OPs to pay jointly and severally market price of 100 shares to the complainant along with 9% p.a. interest and further awarded Rs.3,000/- as compensation. Appeal filed by the petitioner was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

3. None appeared for Respondent no. 2 even after service and he was proceeded ex-parte.

4. Heard learned Counsel for the parties and perused record.

5. Learned Counsel for the petitioner submitted that in pursuance to Civil Court’s order shares in the name of complainant were cancelled and transferred in the name of Sanjay Chedda and Sharda Joshi even then learned District Forum committed error in allowing complaint against the petitioner and State Commission further committed error in dismissing appeal; hence, revision petition be allowed and impugned order be set aside. On the other hand, learned Counsel for the respondent submitted that order passed by learned State Commission is in accordance with law; hence, revision petition be dismissed.

6. Perusal of record clearly reveals that in pursuance to the Civil Court’s order shares transferred in the name of complainant were cancelled and transferred in the name of Sanjay Chedda and Sharda Joshi by petitioner.

7. Learned State Commission while dismissing appeal, observed in paragraph 10, as under:

'That in our opinion, Bombay Dyeing and Manufacturing Company Ltd. transferred the shares in the name of respondent-Mohammad Ibrahim Chopda, thereafter in pursuance of order passed by the City Civil Court, Chennai, if the shares were transferred in the name of someone else, then this can be considered as deficiency in service. Bombay Dyeing and Manufacturing Co. Ltd. initially transferred the shares in the name of Mohammad Ibrahim Chopda, thereafter on the basis of the order of City Civil Court, Chennai they were transferred in the names of Sanjay Chheda and Sharda Joshi and transfer in the name of Mohammad Ibrahim Chopda was cancelled, hence there is deficiency in service. Therefore, in our opinion, Bombay Dyeing and Manufacturing Co. Ltd. is liable to pay the amount for shares.'

Aforesaid finding is per se contrary to law because if any direction of Civil Court is carried out by any party, it cannot be held as deficiency in service. Petitioner transferred shares in the name of Sanjay Chedda and Sharda Joshi as per decree of Civil Court and by no stretch of imagination it can be treated as deficiency on the part of petitioner and learned State Commission committed error in dismissing appeal.

8. Perusal of District Forum order makes it clear that liability has been fastened on both the OPs and in such circumstances, complainant is free to recover his amount from OP No. 2, but no liability can be fastened on the petitioner and revision petition is to be allowed.

9. Consequently, revision petition

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filed by the petitioner is allowed and impugned order dated 21.7.2010 passed by learned State Commission in Appeal No. 214/2007 – Bombay Dyeing and Manufacturing Co. Ltd. Vs. Mohammad Ibrahim Chopda & Anr. is set aside and order dated 31.1.2007 passed by learned District Forum in Complaint Case No. 42/2006 - Mohammad Ibrahim Chopda Vs. Bombay Dyeing & Manufacturing Co. Ltd. is partly modified and complaint is dismissed against petitioner with no order as to costs.
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