INDERMEET KAUR, J. (Oral)

1. By way of this application the applicant Gopal Kishan seeks a recall of the order dated 20.09.1999; i.e. setting aside of the scheme which had been sanctioned by this Court on 20.09.1999. This application has been filed on 22.07.2002.

2. Submission in the application being to the effect that this merger had been effected malafide behind the back of the applicant; he was a shareholder of M/s Tony Electronics Ltd. (hereinafter referred to as the company) which pursuant to the order dated 20.09.1999 has merged with Super Cassettes Industries Ltd.; no information about the merger of the aforenoted companies had ever been intimated to the applicant who is a shareholder of the transferor company (M/s Tony Electronics Ltd.) and was holding 52470 equity shares; being a majority stake holder of 52.47%; scheme sanctioned without notice to him and amounting to a fraud played upon the Court is thus liable to be set aside.

3. Facts as emanating from the record show that the parties are closely related; the applicant is the brother of Krishan Kumar (respondent No. 6) and uncle of Bushan Kumar (respondent No. 4). Case as per the petitioner is that an agreement