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RAJIV SHAKDHER
Shaheed Memorial Society (regd) – Appellant
Versus
Promila Kishore – Respondent
| Table of Content |
|---|
| 1. application for rejection based on limitation (Para 1 , 2 , 3) |
| 2. company shares ownership transfer disputed (Para 5 , 6) |
| 3. company's defense denying shareholder status (Para 7 , 8) |
| 4. court directs company to produce records (Para 10 , 12 , 13) |
| 5. extraordinary general meeting changes company board (Para 14 , 18 , 19) |
| 6. arguments regarding limitation and knowledge (Para 45 , 46) |
| 7. detecting alleged forgery and its implications (Para 52 , 64) |
| 8. principles of fraud discovery in limitation context (Para 82 , 86 , 87) |
| 9. dismissal of the application (Para 88 , 89) |
JUDGMENT
Rajiv Shakdher, J. - Preface: -
1. This is an application filed under the provisions of Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 [in short "CPC"] by defendant no. 8 i.e. Capital Land Builders Pvt. Ltd. [hereafter referred to as "Company"].
2. The Company seeks rejection of the plaint on the ground that it is barred by limitation and under the provisions of Order II Rule 2 read with Section 11 of the CPC.
3. The controversy both, in the suit and the captioned application, swirls around the ownership of 500 shares, which, the Company allotted to one, Ch. Bhram Praka
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