Dharmil A. Bodani, For Self As One Of The ... vs Manju Meadows Pvt.Ltd.And Ors on 11 June, 2024
249) Mr. Dwarkadas has strenuously attempted to contend that no
specific relief is sought in the Plaint for declaration of transfer of 75,000 shares in
favour of Defendant No.11. He has contended that the title to movable property
viz. 75,000 shares stands transferred to purchaser (Defendant No. 11) since the
transaction has already been performed and completed, in absence of prayer for
setting aside the transfer, the effect of transfer cannot be negated. He has relied
upon judgment of the Apex Court in BOI Finance Ltd. (supra) in which it is held
in Para 47, 61 and 64 as under: