Commercial Suit – Order XIIIA CPC – Transfer of ITC shares

On 5.5.2022, the plaintiff stockbroker had filed the commercial suit for decree against the defendant Bank for transfer of 11,25,000 ITC shares including signing of transfer / demat forms and all accruals thereon.

The plaintiff also filed an interim application under Order XIIIA of CPC for summary judgment for transfer of ITC shares and also accruals.

However, before filing the suit, the plaintiff had earlier filed proceedings before the National Consumer Commission & the Supreme Court from 2006 to 2022.

One of the defences raised by the Defendant was that the plaintiff has not prosecuted with due diligence the proceedings before the National Consumer Commission and the Supreme Court and therefore, time of such proceedings ought not to be excluded.  In that case, the suit would be barred by limitation.

HELD that the plaintiff would have to prove by leading oral evidence that he was prosecuting the case before the National Commission and the Supreme court with due diligence and in good faith.  Until this is proved, it cannot be said that the defendant has no real prospect of successfully defending the claim as provided in Rule 3 of Order XIII-A.

For this reason and in the light of Rule 3 of Order XIII-A, a summary judgment cannot be passed in favour of the plaintiff.

Judgment dated 10.3.2025 of the High Court of Bombay in Interim Application No.1915 of 2023 in Commercial Suit No.132 of 2022 of Shrikant G. Mantri of Mumbai  Vs. Punjab National Bank