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r.sankaranarayanan (Official)     21 March 2023

Writ of summons

In the year 1986-87 my sister had sent 25 shares of one company for transfer. The shares were returned by the company with the reason signature differs. The broker had filed a suit in Mumbai city civil court against the company and had got a permanent injunction that the shares should not be transferred to any person other than my sister. Without understanding the position, I had been corresponding with the company to transfer the shares to me. In the year 2017 my sister had made an affidavit that the shares belongs to me since I had settled the accounts with her in the year 1990. With this I could get the certified copy of the papers and now I have filed a suit in Mumbai civil court against the company that the shares should be transferred to me. The first date is in April. I was told to make Writ of Summons and come on that day. I have not employed any advocate since the advocate's fees will take away most of the value of the shares. I request the learned advocates how to prepare the Writ of Summons. Regards


 3 Replies

Dr J C Vashista (Advocate)     22 March 2023

Is there any connotation like, "writ of summons" as stated by you since I did not find the same in Article 226 or 227 of the Constitution of India, 1950 ?

T. Kalaiselvan, Advocate (Advocate)     22 March 2023

Firstly there is a permanent injunction against the transfer of shares by an order of a court.

Without vacating the order of permanent injunction, the other trial courts cannot pass any order giving you the desired relief. 

Therefore the proposed writ petition also may not be entertained if you mention the facts of existing permanent injunction against these shares through a court order. 

You cannot suppress the facts of existing injunction order in the writ petition.

The question is not about paying fee to a lawyer, but it also involves the understanding of the facts and the legal issues involved in subject matter, hence you better approach an advocate , consult and proceed as suggested

r.sankaranarayanan (Official)     22 March 2023

Thank you very much for the reply. I have attached the certified copy of the order passed by the Mumbai City Civil Court in 1991/92. So, there is no suppression of facts. The matter is within the family. The notarised affidavit clealry explains the position. Let me see how it goes.


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