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2009 Supreme(Del) 1209

AJIT BHARIHOKE, SANJAY KISHAN KAUL
Capital Land Building – Appellant
Versus
Shaheed Memorial Society (Regd. ) – Respondent


ADVOCATES APPEARED:
For the Appearing Parties:Rajive Sawhney, Sr. Advocate, with Viraj R. Datar & Vineet Jhanji, Subodh K. Pathak & S.P.M. Tripathi, K.P.S. Kohli, Proxy counsel for Maneesha Dhir, Advocates.

Judgment :-

Sanjay Kishan Kaul, J.

.1. A dispute between two family groups to control M/s. CapitalLand Builders Private Limited, appellant No.1 in FAO (OS) No.337/2009 (for short “the said Company”), and consequently deal with valuable land owned by the said Company has given rise to a spate of litigation. The present appeals arise from one branch of that litigation. The said Company is stated to have been incorporated in the year 1959 with the object of acquisition of properties, promotion and development of land & building, and other objectives as specified in the Articles & Memorandum of Association. The original authorized capital of the said Company is stated to have been Rs.1.00 lakh divided into one thousand equity shares of Rs.100.00 each and a paid up capital of Rs.56,000.00. There were only two original subscribers – Shrimati Satya Chowdhry, wife of late Chowdhry Brahm Prakash, the first Chief Minister of Delhi holding ten shares of Rs.100.00 each and Mr. Kishor Lal Sachdeva holding five shares. Chowdhry Brahm Prakash is stated to have acquired 500 shares of the Company out of the total share capital of 560 shares in the year 1962 for which three share certificates were is












































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