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2012 (10) TMI 875

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..... ct this order shows that there appears to have been an out of Court settlement between the petitioner and the courier company, vehement submission of the petitioner that this decree had been set aside entitling him now to rectification in the share register for the reason that he had not received any money qua the loss of these shares is not borne out from the record. Claim of the petitioner stand .....

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..... 05.2009, he had handed over one packet containing the aforenoted 3500 shares to Overnight Express Limited (courier service) for delivering the consignment at the Kanpur office of the company. This consignment was lost. Suit No. 239/1995 was filed in the Civil Court. This suit had sought a decree both against the company as also against the courier service. It was decreed against defendant No. 3 .....

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..... ubmission being that this decree had been set aside by the first appellate Court and he had not received any money in terms of the aforenoted decree. The appellant had been directed to place the copies of the orders passed by the first appellate Court (dated 29.03.2012 ) on record; on which date the statement of the parties was also recorded. This order dated 29.03.2012 is extracted herein below:- .....

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..... oner (respondent No. 1 in the appellate Court) reads herein below:- Statement of Sh. S.S. Batra, counsel for respondent No. 1 at Bar. I have filed no objection on behalf of respondent No. 1 company, duly signed by their authorized director stating that the respondent No. 1 company has no objection, if appeal filed by the appellant is allowed by the Hon ble Court. Decree passed against the appel .....

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