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2017 Supreme(Del) 3297

JAYANT NATH
Infonox Software Pvt. Ltd. – Appellant
Versus
Raj Kumar Dubey – Respondent


Advocates Appeared:
For the Petitioners:Mr. Akhil Sibhal, Mr. Ajoy Roy, Mr. Aman Avinav, Ms. Nadita Chauhan and Ms. Tanvi Misra, Advocates.
For the Respondents:Mr. Subhash Mishra and Mr. Pulkit Jindal, Advocates.

JUDGEMENT :

Jayant Nath, J.

1. The present revision petition is filed under Section 115 CPC seeking to challenge the order dated 24.11.2016 passed by the Trial Court dismissing the application of the petitioners under Order 7, Rule 10 and 11 CPC for dismissal of the suit.

2. Respondent No.1 has filed the present suit for declaration, permanent and perpetual injunction and damages. Petitioner No. 1-Company was incorporated on 23.05.2000 under the Companies Act, 1956. The respondents were the first directors of the Company who were said to have the entire share capital at the time of incorporation. It is stated that on 16.10.2009 respondent No.1 received a notice convening a meeting of the Board of Directors of petitioner No.1 which was proposed to be held on 18.10.2009 at Arizona, USA. As per the Resolution of the Board of Directors which was forwarded to respondent No.1, respondent No.1/plaintiff was sought to be ousted from the Board of Directors. Hence respondent No. 1 filed a suit seeking the following reliefs:-

"A. Pass a decree of declaration declaring that the resolution passed in the purported meeting of the Board of Directors of the Defendant No.1 Company on 18.10.2009 are ille












































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