S. Muralidhar,J.

1. This is an application under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure 1908 („CPC) seeking rejection of the plaint. The case of the Plaintiff

2. The Plaintiff H.B. Stockholdings Limited („HBSL) claims to hold 24.8% of expanded issued and paid-up capital of DCM Shriram Industries Limited („DSIL), Defendant No.1 and thereby being its single largest shareholder. On 22nd September 2008, the Plaintiff received the Annual Report and audited accounts of DSIL for the year ending 31st March 2008, which had been approved by the Board of Directors of DSIL on 25th June 2008. According to the Plaintiff, the Annual Report and audited accounts revealed that they were “grossly inaccurate and/or lacking in several material particulars” and “do not reflect a true and fair view of the Companys affairs, apart from being in violation of the provisions of the Companies Act, 1956 („Act), the provisions of the Listing Agreement with the Bombay Stock Exchange (BSE) and the Companys own Code of Business Conduct and Ethics.” It is claimed that these constituted “unjust and unlawful acts of the Defendants