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2006 Supreme(Del) 528

SANJAY KISHAN KAUL
SAURABH EXPORTS – Appellant
Versus
BLAZE FINLEASE AND CREDITS PVT. LTD. – Respondent


SANJAY KISHAN KAUL, J.

( 1 ) THE plaintiff has filed a suit for recovery of Rs. 21,00,650/- against the defendants jointly and severally. The plaintiff is the proprietorship concern of Smt. Prabha Uppal and claims to be engaged in the business of exports. Defendant No. 1 is the private limited company stated to be engaged in the business of leasing and financing having been incorporated on 17. 08. 1995. Defendants No. 2 and 3 are the Directors of defendant No. 1 company while defendant No. 4 is the husband of defendant No. 3 and the brother of defendant no. 2. It is stated in the plaint that the subscribed capital is held by defendants No. 2 and 3 being 10 equity shares each amounting to the total amount of Rs. 100/- for each of the defendants.

( 2 ) IN November, 1996, defendant No. 4 is stated to have approached Mr. Virendra uppal, Authorised Representative of the plaintiff firm and the brother-in-law of smt. Prabha Uppal stating that defendant No. 1 company was inviting short-term deposits at good interest rates. Defendant No. 4 is stated to have represented that his brother and wife are also the Directors of defendant No. 1 company. The plaintiff made a deposit of Rs. 15 lakhs i

























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