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1999 Supreme(Bom) 283

S.S.NIJJAR
Sant Chemicals Pvt. Ltd. . – Appellant
Versus
Sant Chemicals Pvt. Ltd. with Aviat Chemicals Pvt. Ltd. – Respondent


JUDGMENT

S.S. NIJJAR, J.:---This Company Application has been filed with a prayer for setting aside the order dated 17th December, 1998, on the ground that the same has been passed behind the back of the applicants who are the 50 per cent shareholders and Directors with equal powers of the petitioner Company. The petitioner Company with the intention to cheat and deprive the rights of the shareholders of the applicants, fraudulently, maliciously and mala fide defrauded the Court by suppressing the fact that the applicants are 50 per cent shareholders of the petitioner Company. A prayer is also made that pending the hearing and final disposal of the Judge's Summons, the order dated 17th December, 1998, be stayed.

2.On 4th February, 1999, leave was granted. Ad-interim relief in terms of prayer clauses (i) and (ii) were granted.

3.By order dated 17th December, 1998, Company Petition No. 646 of 1998, with Company Application No. 144 of 1998 and Company Petition No. 647 of 1998 with Company Application No. 145 of 1998 were allowed. Company Petition No. 646 of 1998 was filed by the Company viz. Sant Chemicals Pvt. Ltd. (Transferor Company), hereinafter referred to as "Sant" seeking its




















































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