Smt Shehlata Jain Through Lrs vs M/S Bajaj Tempo Ltd And Others
2022 Latest Caselaw 7364 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil Second Appeal No. 545/2011

1.       Smt     Snehlata       Jain   Since      Deceased        W/o   Late   Sh.
         Ghanshyam Lal Chaudhari., R/o S-4/a Kabir Marg.
1/1.     Sole Survivior L.R. Kamlesh Jain S/o Late Sh. Ghanhyam
         Lal Chaudhari Bani Park Jaipur 302016.
                                                     ----Appellant-Plaintiffs
                                       Versus
1.       M/s Bajaj Tempo Ltd Through Its Secretary/ Director
2.       M/s Bajaj Auto Ltd Through Its Secretary/ Director, Regd.
         Address Of Both Akrudi, Pune Mumabi Road, Pune
         Maharashtra.
3.       M/s Bhupendra Meghji Bheda Through Parner Bhupendra
         Bheda, Office 511, Stock Exchange Tower Dalal Street,
         Fort, Mumbai.
                                              ----Respondent-Defendant

For Appellant(s)            :     None present
For Respondent(s)           :



             HON'BLE MR. JUSTICE SUDESH BANSAL

                                       Order

18/11/2022

1. Appellant-plaintiff has filed this second appeal under Section

100 CPC assailing the judgment and decree dated 22.05.2010

passed by Additional District Judge (F.T.) Court No.5, Jaipur City,

Jaipur in first appeal No.6/2008 affirming the judgment and

decree dated 08.07.1999 passed in civil suit No.91/1995 by

Additional Civil Judge (Sr. Division) Court No.7, Jaipur City, Jaipur

whereby and whereunder the civil suit for declaration and

mandatory injunction was dismissed by the trial court for want of

jurisdiction.

(2 of 2) [CSA-545/2011]

2. It appears from the record that the civil suit was instituted

way back in the year 1999 in respect of dispute with regard to the

transfer of shares.

3. The civil court has observed that such nature of dispute is

amenable before the Company Board and jurisdiction of civil court

is barred.

4. This second appeal was filed way back on 20.08.2010 and

perusal of previous order-sheets goes to show that the appeal has

not been pursued since 18.05.2012. It appears that the appellant-

plaintiff has lost interest in pursuing the second appeal on merits.

5. Having considered the nature of dispute and the impugned

orders as also the conduct of appellant, this court is not inclined to

entertain this second appeal, hence the same is hereby dismissed.

6. Stay application and any other pending application, if any,

stand disposed of.

(SUDESH BANSAL),J

TN/86

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