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1996 Supreme(Del) 958

VIJENDER JAIN, VUENDER JAIN
MALVIKA MADAN SEHGAL – Appellant
Versus
M. M. SEHGAL LIMITED – Respondent


Vijender Jain, J.

( 1 ) THIS is an application (CA No. 2784/94 ) filed by the plaintiffs praying, inter alia, that R restraint order be passed against defendant Nos. l to 28 from alienating, transferring, selling, mortgaging or parting with the possession of the property situated at 3, Friends Colony, New Delhi. It seems that on 3. 2. 1995 an ex parte order was passed in favour of plaintiffs directing the defendants to maintain status-quo with regard to its fixed assets. The defendants have vehemently contended that suit itself is not maintainable and ex parte stay be vacated.

( 2 ) MR. Rajiv Sawhney, learned Counsel appearing for the plaintiffs, has vehemently argued that a Trust was created in favour of the plaintiffs, who are the daughters of defendant Nos. 2 and 3, by defendant No. 29, Mrs. Prabha Sehgal, Sister-in-law of defendant No. 2, with defendant Nos. 2 and 3 appointed as Trustees. It has further been contended that defendant Nos. 2 and 3 transferred the entire issued share capital of the defendant No. 1 Company to the Trust. That entire issued share capital, which was transferred by the defendant Nos. 2 and 3, was two shares of Rs. 10. 00 each. It has been argued that d

















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