9911796707
TMI Blog1997 (12) TMI 540X X X X Extracts X X X X X X X X Extracts X X X X ..... territorial jurisdiction to entertain the complaint. Mrs. Sucheta resident of Jalandhar Cantt. purchased 1500 master shares of Unit Trust of India from the secondary market. The same were despatched to M.M. Dastur Co., an authorised agent of Unit Trust of India for effecting transfers. This was done in May 1994. The complainant received bonus shares for 900 shares and the complainant is yet to receive bonus shares for 600 shares, i.e., 120 shares are yet to be received. In spite of sending several reminders, she did not receive the bonus shares as stated above and, thus, she filed the complaint. Without getting reply from the Unit Trust of India of its agent, the District Forum dismissed the complaint holding that since the offices o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Clauses ( a ) and ( b ) of section 11(2) as produced above of course provides for existence of head office or branch office of opposite party within the territorial jurisdiction of the District Forum to enable the complainant to file the complaint. However, in the present case, admittedly the opposite parties are not having Head Offices or Branch Offices within the territorial jurisdiction of District Forum, Jalandhar. It is clause ( c ) of section 11(2) which is for consideration. In case cause of action or part thereof has arisen within the territorial jurisdiction of District Forum, Jalandhar, the complaint could be filed therein. 3. Accrual of cause of action or part thereof depends upon bundle of facts and not on any solitary f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the complainant is already a shareholder of 1500 shares in lieu of 900 shares. Complainant received the bonus shares at Jalandhar and in lieu of 600 shares, he was to receive bonus shares at Jalandhar. If part of the contract was to be performed at Jalandhar, i.e., bonus shares were to be received at Jalandhar, it can well be said that part of cause of action has accrued at Jalandhar and the District Forum, Jalandhar could entertain the complaint. For the reasons recorded above, this appeal is allowed, the order of the District Forum is set aside and the complaint case is remanded back to the District Forum for decision according to law. Parties through their counsel are directed to appear before the District Forum on 2-2-1998. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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