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2012 Supreme(Cal) 537

I.P.MUKERJI
Shaw Wallace & Company Limited – Appellant
Versus
Kishore Rajaram Chhabria – Respondent


Advocates:
Advocate Appeared:
S.N. Mookherjee, R. Banerjee, J. Munim, T. Aich for petitioners;
P. Chatterjee, Sudipto Sarkar, A.K. Chatterjee, S. Mitra, M. Bhattacharyya for defendants.

JUDGMENT

I.P. Mukerji, J.

DEVELOPMENTS:

1. Both the plaintiffs stand dissolved by operation of law. The first plaintiff (SWC) was dissolved on 7th September, 2009 by an order of this Court. It was made in connection with a scheme application under the Companies Act, 1956. The second plaintiff(SWDL) stood similarly dissolved in September 2006 by orders of the Karnataka and Bombay High Courts. Another company, United Spirits Limited wants to continue this suit in place of the plaintiffs. They seek certain amendments to the existing plaint. They also want some interim orders in the suit. Mr. Kishore Rajaram Chhabria, the first defendant and the sixth defendant (BDA), a company BKC Enterprises Private Ltd. (BKC) and Allied Blenders and Distilleries Private Limited (Allied) unitedly opposed the prayers. They are collectively described as "the defendants".

2. At one point of time SWC was a giant company dealing in spirits. It had a long chain of subsidiaries, large undertakings, a big market, reputation and so on. Cruickshank & Company Ltd. (CCL) was a wholly owned subsidiary of SWC. A company Parganas Investments Ltd. (PIL) was a subsidiary of CCL. PIL held the controlling number of share
















































































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