AI Structured Summary
Not yet generated for this judgment
Judgment
Antony Dominic, J.—The main prayer sought in the writ petition is to direct the 1st Respondent to transfer shares of M/s. West Fort Hi-Tech Hospital Ltd held by it to the Petitioner. According to the Petitioner, in terms of Ext.P2, the agreement between himself and the 1st Respondent, the Petitioner is entitled to buy back shares held by the 1st Respondent in the aforesaid company. When the request of the Petitioner was declined, this writ petition was filed.
The only objection that raised by the 1st Respondent in the counter affidavit is that in view of the pendency of O.S. No. 5241/2007 filed by Sri.P.M. Rajan, a shareholder of the aforesaid company, for an injunction restraining the 1st Respondent from transferring the shares, share transfer cannot be effected. It is seen that the aforesaid P.M. Rajan get himself impleaded in this writ petition also.
The learned Senior Counsel appearing for the Petitioner has produced before this Court a copy of the judgment and decree dated 16th July, 2008 rendered by the Principal Munsiff Court, Thrissur in O.S. No. 524/2007, which shows that the aforesaid suit was dismissed with cost on the ground of the counsel for the Plaintiff reported no instructions. It is submitted that there is no appeal filed against the judgment. In that view of the matter, only objection that the 1st Respondent pointed out to resist the request of the Petitioner for transfering the shares, no long survives.
Therefore, the writ petition is disposed of directing the 1st Respondent to transfer the shares held by it in M/s. West Fort Hi-Tech Hospital Ltd, to the Petitioner. This shall be done as expeditiously as possible at any rate within four weeks of production of a copy of this judgment.