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2015 Supreme(Del) 1712

MANMOHAN SINGH
HARBHAJAN SINGH CHOPRA – Appellant
Versus
FOUNTAINHEAD MOTELS PVTLTD – Respondent


Advocates:
Advocate Appeared:
Mr. H.S. Phoolka, Sr. Adv. with Mr. Hrishikesh Baruah and Mr. Pranav Jain, Advs.
Mr. A.S. Chandhiok, Sr. Adv. with Mr. Puneet Aggarwal, Mr. Ritesh Kumar, Ms. Mallika Ahluwalia and Mr. Mayank Banniyal, Advs.

JUDGMENT :

MANMOHAN SINGH, J.

1. The plaintiffs, namely, Harbhajan Singh Chopra and Smt.Surjit Kaur Chopra (husband and wife) have filed the suit for cancelling the Share Subscription Agreement dated 3rd August, 2010 and the Memorandum of Understanding dated 20th July, 2010 executed between the plaintiffs and defendants No.2 and 3 and a decree of declaration declaring all documents/instruments (including blank signed papers) executed by plaintiffs under coercion, threat, gun point documenting transfer of 100% shares of defendant No.1-Company in favour of defendants No.2 and 3 as null and void and a decree of permanent injunction in favour of the plaintiffs and against the defendants restraining the defendants from issuing shares/transferring shares of the, defendant No.1-Company or selling/ transferring/ alienating/ conveying/ disposing/ dissipating the assets (including Hotel Claremont) of the defendant No.1-Company or creating any mortgage/ charge/ lien/ encumbr ance upon the defendant No.1-Company.

2. By this order I propose to decide the application under Order 12 Rule 6 CPC f



















































































































































































































































































































































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