MANMOHAN, J.

I.A. Nos. 9973-9975/2017

1. Present application being I.A. No. 9973/2017 has been filed by the applicant-defendant under Order XXXVII Rule 4 read with Order IX Rule 13 and Section 151 CPC for setting aside judgment and decree dated 22nd February, 2016.

2. Learned counsel for applicant-defendant states that the entire transaction of subscription of equity shares and issuing of cheques by plaintiff was a sham transaction carried out by Mr. D.K. Gupta, one of the present Directors of the defendant, in collusion and in connivance with partners of plaintiff.

3. It is contended that the plaintiff and Mr. D.K. Gupta taking advantage of the position of Mr. D.K. Gupta as the Director and being in effective and complete control and management of the defendant company, colluded with each other and played a fraud upon the defendant company and its shareholders to usurp the properties of the defendant company under the garb of the said judgment and decree passed by this Court. She states that the said ‘modus operandi’ has been adopted by the plaintiff and Mr. D.K. Gupta in a number of cases.

4. The present application is accompanied by an application being I.A. No. 9975/2017 s