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1986 Supreme(Del) 434

MAHESH CHANDRA
T. L. ARORA – Appellant
Versus
GANGA RAM AGARWAL – Respondent


Advocates Appeared:
Ashima Sehgal, B.N.NAYAR, M.L.VARMA, R.C.Sawhney, SUDHA SRIVASTAVA, SURESH SINGH

MAHESH CHANDRA, J.

( 1 ) BY this order I propose to dispose of I. A. 4625186 which has been filed by defendants 1, 2, 3, 6 and 7 under Section 10 read with Section 151 of the Code of Civil Procedure for stay of the suit on the allegation- that plaintiffs have filed this suit for declaration to the effect E that plaintiff No. I is a validly renominated director of defendant No. 7-company and the plaintiffs have also filed petitions under Section 408 and Section 409 of the Companies Act before the Company Law Board on 25th April 1986 on identically similar pleadings as in the above suit and the two reliefs claimed in the said petitions before the Company Law Board are identically similar to the relief claimed in the above suit and as such the proceedings in this suit be stayed till further orders under Section 10 of the Code of Civil Procedure. The application is opposed on behalf of the plaintiffs on the ground that Section 10 of the Code of Civil Procedure has no application; to the facts of this case. I have heard the learned counsel for the parties and have gone through the file and after giving my considered thought to the matter before me I have come to the following findings.







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