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2014 Supreme(Bom) 1875

R.D.DHANUKA
Swaran Salaria & Associates, Represented by Swaran Salaria – Appellant
Versus
Himalayan Heli Service Pvt. Ltd. – Respondent


Advocates Appeared:
For the Plaintiff:Pradeep Rajgopal, a/w. Rekha Rajgopal, Debashree Mandpe, i/by Rekha Rajgopal, Advocates.
For the Defendants:Snehal Shah, a/w. Harish Pandya, Vishal Talsania, Raj Mehta, Amish Parmar, i/b. RKM Legal Services, Advocates.

JUDGMENT

R.D. DHANUKA, J.

1. By this notice of motion, the plaintiff has prayed for injunction against the defendants, their servants, agents and persons claiming through them from transferring and/or alienating and/or creating third party rights and/or any encumbrances in respect of 52% shares in the 1st defendant company and for other reliefs. The plaintiff has filed this suit inter alia praying for specific performance of the agreement dated 22nd November, 2007. Some of the relevant facts for the purpose of deciding this notice of motion.

2. Defendant no.1 has been operating as Air Taxi Operator. Defendant no.2 holds 100% shareholding of defendant no.1. Defendant nos. 3 and 4 are the directors of the 1st and 2nd defendants each having 50% holding. The 1st defendant runs helicopter services to and from Shri Mata Vaishnovdevi Shrine. The trust of the said Shri Mata Vaishnovdevi Shrine issued a tender on 18th October, 2007 for three years commencing from 1st January 2008.

3. On 22nd November 2007 the plaintiff and the defendant no.1 entered into a writing. It is provided in the said writing that M/s. Swaran Salaria and Associates will acquire 50% stake in Himalayan Heli Services Pv















































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