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2013 Supreme(Del) 1544

S.MURALIDHAR
Sanjay Sethi – Appellant
Versus
Deepak Sethi – Respondent


Advocate Appeared:
For the Plaintiffs:Anil Sapra, Senior Advocate with Sameer Chaudhry, Ms. Rupali Kapoor, Ms. Astha Lumba, Nikhar Mutwani, Advocates.
For the Respondents:R.N. Vats, Naushad Alam, Jitendra Bharti, Pankul Nagpal, Advocates.

Judgment :

I.A. No. 22335 of 2012 (u/O VII R-11 and u/O I R-9 CPC by D-1) with IA 17003 of 2013 (by D-1 u/s 151 CPC)

1. The background to these applications is that Mr. Sanjay Sethi (Plaintiff No. 1) and his mother, Mrs. Raj Sethi (Plaintiff No. 2) have filed the above suit against his brother Mr. Deepak Sethi (Defendant No. 1) and Mr. Y.P. Chanana, Advocate (Defendant No. 2) seeking specific performance of an agreement dated 6th January 2010, and for an injunction restraining Defendant No. 1 from acting against the interests of the Plaintiffs and their companies and a mandatory injunction directing Defendant No. 2 to hand over the original share certificates and transfer deeds to Plaintiff No. 1 and/or his nominee.

2. It is stated that Plaintiff No. 1 and Defendant No. 1 were carrying on business of manufacturing, installation and commissioning services of equipment for LPG Bottling Plants, testing equipment and various RVI jobs through private limited companies, viz., (a) Laycock Engineers Pvt. Ltd. [‘LEPL’] and (b) International Corporate Signs Pvt. Ltd. [‘ICSPL’]. It is stated that Plaintiff No. 1 along with Defendant No. 1 were on the Board of Directors (‘BoDs’) of both the a






































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