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1994 (3) TMI 309

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..... r the Respondent. ORDER Mr. Justice S.N. Phukan, President - This is a petition under section 17 of the Consumer Protection Act, 1986 filed by two persons, namely, Shri Pawan Kumar Sharma and his wife Smt. Saroj Sharma. The respondent No. 1, namely, Nagarjuna Fertilizers Chemicals Ltd. brought out a public issue of equity shares and also invited applications from the public. Both the p .....

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..... According to the petitioners, the cheques were encashed on 18-5-1991. The petitioners also sent the share certificates for necessary endorsement by registered letter dated 28-5-1991 and the respondents also by letters dated 12-6-1991 and 14-6-1991 acknowledged receipts of the share certificates and informed the petitioners that after getting confirmation from bank regarding payment the certificat .....

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..... erest at the rate of 24 per cent per annum. 2. Though notices were sent, no appearance was caused on behalf of the respondent Nos. 1 and 2. The respondent No. 3 is a bank having branch at Guwahati and the said bank has appeared and stated that as in the present petition there is no allegation of deficiency of services and, therefore, bank reserved its right to file additional written statement .....

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..... ars that it took more than one month to receive the certificates by post. Similarly, though the petitioners sent certificates by registered post on 28-5-1991 it can be presumed that these were received by the respondents only after a month. 6. There was some delay in returning the share certificates by the respondent Nos. 1 and 2, as such a delay is bound to occur, inasmuch as, the respondents .....

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