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2023 Supreme(Del) 6060

CHANDRA DHARI SINGH
Satish Swaroop – Appellant
Versus
Nipon Dholua – Respondent


Advocates appeared:
Mr. Akshay Sapre, Advocate and Abhijeet Swaroop, Advocate, for the Petitioners.
Ms. Rituparna Hazarika, Advocate, for the Respondent.

JUDGMENT

Chandra Dhari Singh, J.

1. The instant petition under Section 115 of the Code of Civil Procedure,1908 (hereinafter "CPC"), has been filed on behalf of the petitioners seeking the following reliefs:

    "a. Set aside the Order dated 16th October 2021 passed by the Learned Additional District Judge, Shri Pawan Singh Rajawat rejecting the Petitioners' Application under Order XII Rule 6 of CPC in CS No. 678 of 2020.

    b. Pass an appropriate judgment on admission under Order XII Rule 6 CPC in view of the admissions contained in the Reply to Legal Notice on behalf of the Respondent;

    c. Pass any other or further order/reliefs which this Hon'ble Court may deem fit and proper in light of justice, equity and good conscience."

FACTUAL MATRIX

2. The petitioners, Mr. Satish Swaroop and Ms. Richa Srivastava, are directors of Chaturbahave Electronic Business Solutions Private Limited. The said company is inter alia engaged in the business of providing IT services. The respondent, Mr. Nipon Dholua, is the promoter and director of Nipon BDK Communication Private Limited.

3. The petitioners engaged the services of the respondent as a business consultant to aid and assist in development of their IT Busine

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