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2007 Supreme(Bom) 619

D.Y.CHANDRACHUD, R.M.S.KHANDEPARKAR
GOPAL L. RAHEJA OF MUMBAI – Appellant
Versus
VIJAY B. RAHEJA, OF MUMBAI INDIAN inhabitant – Respondent


Advocates Appeared:
ASPI CHINOY, D.J.KHAMBATTA, I.M.CHAGLA, J.SAGAR, JANAK DWARKADAS, L.C.PEREIRA, Meenakshi Iyer, N.H.SEERVAI, P.K.SAMDANI, P.K.SHROFF, RADHIKA KALPATRAI, RAVAL SHAH, S.R.REBELLO, S.V.DOIJODE, SUBODH JOSHI

D. Y. CHANDRACHUD, J.

( 1 ) THIS appeal arises out of an order passed by a Learned single Judge on 14th March 2005 while disposing of a Motion for interim relief in the suit. The Plaintiffs are in appeal.

( 2 ) THE reliefs claimed:- The suit out of which these proceedings arise, came to be instituted in order to seek the following reliefs :

(i) A declaration that Defendant Nos. 1, 2 and/or 6 to 9 hold 50% of the shares and 50% of the Directorships of the Fifth defendant-Company through which the First and the Second defendants have acquired the property which forms the subject matter of the suit, in trust for and for the benefit of the Plaintiffs;

(ii) A decree against the Defendants to transfer 50% of the issued share capital of the Fifth Defendant to the Plaintiffs and to appoint half the Directors of the Company from amongst the plaintiffs and their nominees against payment of a half of the price of the property;

(iii) An injunction restraining the Defendants from alienating or developing the property without first transferring to the plaintiffs 50% of the shares of the Company and appointing half the Directors from amongst the Plaintiffs and their nominees;

(iv) An injunction restr















































































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