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2014 Supreme(Bom) 635

R.D.DHANUKA
Darius Rutton Kavasmaneck – Appellant
Versus
Gharda Chemicals Limited – Respondent


Advocates Appeared:
For the Plaintiffs:Sharan Jagtiani, a/w. Ankita Singhania, i/b. D.H. Law Associates, Dr. V.V. Tulzapurkar, Senior Advocate, a/w. Rahul Chitnis, Shriraj Dhru, Ms. Khyati Ghevaria, i/b. Dhru & Co., Advocates.
For the Defendants:D1, D3 to D5, Nishad Nadkarni, D2, Mustafa Safiyuddin, a/w. Sumit Rane, i/b. Legasis Partners, Advocates.

JUDGMENT

1. By this Chamber Summons, the applicants seek impleadment as party defendants in the above suit. Some of the deciding this chamber summons are as under :-

2. The applicants hold approximately 6.3 % of the shares of the defendant no.1. The original plaintiff no.1 and D.R. Kawasmaneck who is now plaintiff jointly held 17% of shares of defendant no.1 company. It is case of the plaintiff that the defendant no.2 and two other parties controlled by defendant no.2 and Mrs. K.S. Gharda holds 60% shares of defendant no.1 company.

3. The plaintiff has filed this suit for a declaration that the patents enumerated in Ex.J to the plaint and that to be disclosed belongs to the 1st defendant and that the 2nd defendant has no right or interest in respect thereof or any of them and seeks order and decree directing the 2nd defendant to assign and transfer the patent enumerated in Ex.J and to be disclosed to the 1st defendant without any consideration or compensation. It is case of the plaintiff in the plaint that a patent for manufacturing Phosphaorous Trichloride Phosphaorous Pentachloride and cement came to be registered in the name of the 2nd defendant and instead of securing the patent

























































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