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2023 Supreme(Del) 1002

NAVIN CHAWLA
Rajan Gupta – Appellant
Versus
Pradeep Kumar Gupta – Respondent


Advocates appeared:
Mr.Mandeep Singh Vinaik, Ms.Anjali Sharma, Ms.Ragini Vinaik, Ms.Thanglunkim, Advocates, for the Plaintiff.
Mr.Manav Gupta, Mr.Sahil Garg, Advocates, for the Defendant-2, 3 & 5.
Mr.Ujjal Banerjee, Ms. Sabhya Jain, Mr. Akash Khurana, Advocates, for the Defendant-1 & 4.

JUDGMENT

IA 16612/2022

1. This application has been filed by the defendant no.1 praying for rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC), contending therein that in view of the Initial Settlement dated 22.01.2022; Settlement dated 22.04.2022; and the Minutes of Meeting dated 30.07.2022, executed between the parties and placed reliance on by the plaintiff himself in I.A. No.14714/2022, the present suit has been rendered infructuous and the plaint is liable to be rejected.

2. The plaintiff has filed the present suit contending therein that he represents, along with other of his family members, 50% of the total paid up and subscribed share capital of the defendant no.6. He is also one of the Directors of the defendant no.6. The defendant no.1, who is the first cousin of the plaintiff, along with the defendant no.2 and other family members of the defendant no.1, owns and controls the remaining 50% of the shareholding of the defendant no.6. It is alleged that the defendant no.2 is the son of the first defendant, while the defendant no.3 is the wife of the defendant no.2. Defendant no.4 is also related to the f

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