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B. R. GAVAI, VIKRAM NATH
Developer Group India Pvt. Ltd. – Appellant
Versus
Surinder Singh Marwah – Respondent
JUDGMENT :
B.R. GAVAI, J.
1. Leave granted.
2. The present appeal arises from the judgment and order dated 16th December 2019, passed by the Division Bench of the High Court of Delhi, thereby allowing a Company Appeal, being Company Appeal No. 10 of 2019, against an order dated 21st February 2019 passed by the learned Single Judge of the High Court of Delhi, in Company Petition No. 482 of 2009, wherein earlier interim orders of the learned Single Judge, dated 11th July 2018 and 16th August 2018, restraining the transfer, selling or alienating of 11 properties purchased by a consortium of six land-owning companies, had been vacated. In allowing the appeal, the Division Bench of the High Court, vide the impugned judgment and order, once again restrained these six companies from alienating the aforesaid properties.
3. The facts, shorn of unnecessary details, are as follows:
3.1 It is the allegation of the respondent Nos. 1 and 2 that in the year 2008, on the representation of one Dr. Rajesh Aeren, the Managing Director (MD) of respondent No.3 Company, they decided to invest in a commercial p
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The court ruled that a plaintiff’s limited interest in property, dictated by the will, cannot be construed as absolute ownership; undue influence invalidates share transfers.
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The court emphasized that insolvency proceedings should not be exploited to evade liabilities, confirming the necessity to protect homebuyers' interests and investigate corporate fraud.
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