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2010 Supreme(Del) 294

MUKTA GUPTA
SIDHARTH SAREEN – Appellant
Versus
HIRA REALTORS PVT. LTD. – Respondent


Advocates Appeared
Through:Mr. Jayant Bhushan, Sr. Advocate with Mr. Amitabh Chaturvedi, Advocates.
Through:Mr. R.K.Aggarwal, Adv. for R1 to R6 Mr. Pankaj Kumar Singh, Advocate for R-7, 8, 9 and 11. Mr. Jeevesh Nagrath Advocate for R-10. Mr. M.R. Shamshad, Advocate for R-12.

judgment

MUKTA GUPTA, J.

1. The plaintiffs/Respondent Nos.1 to 6 herein (hereinafter called `the contesting Respondents’) filed a suit being CS (OS) No.260/2008 inter alia praying as under:

“A) Declare that the Forms filed by the Defendants with the Registrar of Companies, as mentioned herein above, are invalid, illegal and null and void;

B) Grant permanent injunction against the defendants restraining them from acting, representing and/or holding out themselves as directors/shareholders of plaintiff no.1 company;

C) Grant permanent injunction restraining the defendants from interfering or dealing with in any manner with the affairs, business and properties of the plaintiff company, and

D) Pass such other and further order/ orders as this Hon’ble court may deem fit, proper and necessary on the facts and circumstances of the present case.”

2. Subsequently, an application being IA No.5611/2008 was filed by the contesting Respondents under Order 6 Rule 17 of the CPC for the amendment of the plaint. After hearing the parties, the learned Single Judge, vide order dated 22nd October, 2008 permitted the amendments on the ground that the amendments sought were clarificatory in nature and p





































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