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2017 Supreme(Del) 4395

GITA MITTAL, C.HARI SHANKAR
Susheel Kumar Khanna – Appellant
Versus
GSBA Trust – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Mohit Chaudhary, Mr. Kunal Sachdeva, Mr. Divyansh Kishore Sharma
For the Respondents: Ms. Shashi Kiran, Mr. Sujit Kumar Jha

JUDGMENT :

Gita Mittal, J.

1. This appeal assails the order dated 11th April, 2017 passed in CS(OS)No.532/2015 Shusheel Kumar Khanna & Anr. vs. M/s GSBA Trust & Ors by the ld. Single Judge on I.A.No.4046/2015 (under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure) filed by the appellant/plaintiff and I.A.No.13497/2015 (under Order XXXIX Rule 4 of Code of Civil Procedure) filed by the respondent/defendant nos.1 to 4 & 6.

2. The plaintiff, claiming appointment as a trustee in the defendant no. 1 trust under the resolution dated 12th April, 2014, filed CS(OS)No.532/2015 against the defendants seeking the following prayers :-

“A. Declare that defendant no.2 to defendant no.4 are guilty of breach of trust, towards defendant no.1 trust; and/or

B. Pass a decree for removal of defendant no.2 to defendant no.4 from acting as trustees of defendant no.1 trust and appoint new trustees in their place; and/or

C. Pass a decree of mandatory injunction directing the removal of defendant no.(s)2 to 4 from the Board of Trustee(s) of defendant no. Trust; and/or

D. Pass a decree calling upon defendant no.(s)2 to 4 to render true and proper accounts of defendant no.1 Trust from the date of availing of































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