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2012 Supreme(Del) 68

A.K.PATHAK
COL. KALYAN SINGH (RETIRED) – Appellant
Versus
WIMPY INTERNATIONAL LTD. – Respondent


Advocates Appeared:
For the Plaintiff: Mr. M.M. Kalra and Mr. Kunal Kalra, Advs.
For the Defendants: Mr. Maninder Singh, Sr. Adv. with Mr. Sandeep Mittal, Ms. Deepali Sharma, Mr. Akhil Sachar and Mr. Manav Gupta, Advs. Mr. Subhash Oberoi, Adv. for Defendants. Applicant in I.A. No. 3457/2008

JUDGMENT

A.K. PATHAK, J.

I.A. No. 8456/2004 (u/O 39 R 1 & 2 r/w Sec. 151 CPC), I.A. No. 1121/2005 (u/O 39 R 4 r/w Sec. 151 CPC by Defendant nos. 1 & 2) and I.A. No. 2963/2005 (u/O 39 R 4 r/w Sec. 151 CPC by Defendant no. 5)

1. Plaintiff (since deceased and now being represented through his Legal Representatives) has filed this suit for declaration and injunction praying therein that the agreement dated 1st December, 1988 executed between the plaintiff, Captain H.S. Bajaj, Shri N.K. Duggal and M/s Goodwill Foods (P) Ltd. as also the dissolution deed, partnership deed, power of attorney and other documents be declared as null and void; that the defendant nos. 1 to 3 and 5 be restrained from selling, alienating, parting with possession or creating any third party interest in respect of property bearing no. 245, Udyog Vihar, Dhoondahera, Gurgaon, Haryana (hereinafter referred to as the “suit property”). It has been further prayed that the defendant no. 4 be restrained from giving permission for transfer/sale of the suit property to a third person through defendant nos. 1, 2 and 3.

2. Along with the suit, I.A. No. 8456/2004 under Order 39 Rules 1 and 2 read with Section 151 of the Code o
























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