Supreme Court of India
Vatsa Industries Ltd., Bombay vs Shankerlal Saraf And Ors. on 6 May, 1996
Equivalent citations: [1996]87COMPCAS918(SC), (1997)10SCC333, AIRONLINE 1996 SC 601, 1997 (10) SCC 333, (1996) 4 COMLJ 253, (1996) 87 COMCAS 918
Bench: A.M. Ahmadi, K. Venkataswami
ORDER
1. The question which arises is whether the petitioners have a right to forfeit the shares of those shareholders who defaulted in making payment on allotment/call money. Proceedings have been filed in different States and within the State in different courts and hence this application for transfer of all the proceedings to one single court. After hearing learned Counsel for the petitioner we thought that instead of transferring all these cases to one single court which would, inter alia, cause hardship and unavoidable expenses to the respondents, it would be desirable that the petitioners move the High Courts to have the cases transferred to one single court for disposal within their respective Jurisdiction so that the hardship to both sides is minimised, e.g., in the State of Gujarat there are as many as 10 proceedings filed, one of them being in the Consumer Forum at Junagarh, the other proceedings are spread over at Ahmedabad, Junagarh and Rajkot. It may be convenient to the petitioner herein to apply to the High Court for placing all those matters before one court to avoid delay and expenses. Similarly, so far as Rajasthan is concerned there are as many as seven cases pending before the same Consumer Forum and it would be convenient to apply to the Forum to amalgamate them and dispose of them at an early date. Similarly, the proceedings pending in the court of the Magistrate at Jaipur can also be taken up by one single court if they are before different courts and a request to that effect can be made to the High Court. In the State of Maharashtra, of course there is only one matter and, therefore, this question does not arise. So also in the case of Bihar there is one matter in the Consumer Forum at Ranchi, two others in the same court at Patna and, therefore, they can be tried together, on a request being made to the munsiff dealing with those cases. So far as West Bengal is concerned there are two cases and they can also be tried together by obtaining an appropriate order. We are, thereforo, of the opinion that it is desirable to transfer these cases to one single court within the same State. The transfer petitions are, therefore, disposed of accordingly.