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The appellants are beneficiaries of Modipon Limited Senior Executive (Officers) Welfare Trust. The respondents (defendant Nos. 1-4) are Trustees of the Trust and respondent No.5 is the Secretary of the Trust. The Trust purchased 19,314 equity shares of Godfrey Philips (India) Limited (in short 'GPI') in the name of respondent No.1 in his capacity as a trustee of the Trust. GPI issued bonus shares in the ratio of 1:1 to its existing shareholders. Bonus shares were issued in the ratio of 1:1 in the year of 1992-93. By reason of the above, the Trust became entitled to 57,942 shares of GPI. According to the appellant, the bonus shares issued have not been forwarded to the Trust and the share certificates despatched by GPI from time to time were not received by the Secretary of the Trust. It was further stated that a new account was opened by respondent No.1 at Oriental Bank of Commerce in his name and not in the name of the Trust and is being operated by respondent No.1. Since the beneficiaries of the Trust were not deriving any benefit from the Trust and as such the appellants were constrained to file a suit for declaration, permanent injunction and mandatory injunction in the High Court of Delhi, which was registered as Suit No. 181/97, against the respondents claiming following amongst other reliefs:-
a) a decree for declaration that defendant no.1 is not a fit and proper person to continue as trustee of Modipon Limited Senior Executive Welfare Trust;
b) a decree directing that defendant no.1 is removed from such office by the orders of this court;
c) a decree of permanent injunction restraining defendant no.1 and/or his servants, agents and assignees from operating the saving account No.9089 opened in Oriental Bank of Commerce, New Friends Colony, New Delhi;
d) a decree by way of mandatory injunction restraining defendant no.1 from depositing the dividend/bonus shares received in future from GPI in the account opened by him with defendant no.6 at Delhi and simultaneously directing him to forward the same to the secretary of the trust;
Similarly, the appellants sought amendment in paragraph 15 and want to incorporate relief of mandatory injunction as per prayer (b-1) to be read as under:-
____________________________________________________________ RELIEF VALUATION FOR COURT FEE COURT FEE THE PURPOSES OF PAID JURISDICTION For the Relief of Mandatory Injunction Rs. 130.00 Rs.130.00 Rs.13.00 (as per prayer b-1) herein ____________________________________________________________ Pass a decree of Mandatory injunction directing the defendants to sell the shares of GPI held by the Trust and use the sale proceeds thereof for the benefit of the beneficiaries."

This judgment is distinguishable on facts. The cause of action for filing the present suit arose on 21.10.1993 when the defendant No.1 informed that the account has been opened by him in the Oriental Bank of Commerce and that the cause of action further arose on several dates when the reminders were sent to defendant No.1 for handing over the bonus share certificates and the dividends to the Trust. It was alleged in the plaint that defendant No.1 has no authority in holding the monies of the Trust and that the dividends of the shares have not been accounted for. A further prayer by way of permanent injunction was sought against defendant No.1 and his servant's agent and assignees from operating the bank account in the Oriental Bank of Commerce, New Delhi and for a mandatory injunction restraining the defendant for depositing the dividends/bonus shares received in future from GPI in the account opened by him with the defendant No.6 Bank at Delhi. A further decree for mandatory injunction was also sought in favour of the appellants/plaintiffs to direct defendant No.1 to handover the relevant bonus shares and the dividends or any other amount of GPI to the Secretary of the Trust defendant No.5.