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2016 Supreme(Raj) 1248

IN THE HIGH COURT OF RAJASTHAN, JAIPUR BENCH
Prashant Kumar Agarwal, J.
M/s Rajasthan Hospitals Ltd. and others - Appellants
Versus
Mahaveer Prasad Jaipuria and others - Respondents
Civil First Appeal No. 140 of 2015
Decided On : 13-06-2016

Advocates Appeared:
For the Appellant-Plaintiff : Mr. S.P. Sharma, and Mr. R.P. Garg
For the Respondent: Mr. Sudhanshu Kasliwal, with Ms. Suruchi Kasliwal

Headnote:Civil Procedure Code, 1908, Order 23, Rule 1, Sections 96, 151 Order 41, Rule, 27 – Appellant wanted to withdraw this apple and thus he was requesting for the production of extra evidences which will help him convince the court to restore the suit property.The court has not given any proper reason for dismissing of the appeal. In this case, rights of the respondent shall not be impacted – The Appellant cannot file a fresh suit for the same issue. [Paras 3 to 14]

ORDER :

Mr. Prashant Kumar Agarwal, J.

By way of this order following four applications are being decided:-

(1) Application dated 23.4.2016 (Inward No. 10367) under Section 151 CPC filed by respondent No. 3-Mahaveer Jaipuria Medical Foundation Trust with a prayer to restore possession of the suit property to it. Reply to the application has been filed by the appellants on 19.5.2016.

(2) Application dated 19.5.2016 (Inward No. 12895) under Section 151 CPC filed by the appellants for withdrawal of the present appeal as well as civil suit out of which the appeal has arisen. Reply to this application has been filed by respondent No. 3 on 31.5.2016.

(3) Application dated 24.5.2016 (Inward No. 13220) under Order 41, Rule 27 read with Section 151 CPC filed by respondent No. 3 for production of additional documents in support of application for restoration of possession.

(4) Application dated 01.06.2016 (Inward No. 14078) under Order 41, Rule 27 read with Section 151 CPC filed by respondent No. 3 for production of some more additional documents in support of application for restoration of possession.

All these applications have been filed in the present appeal whereby the plaintiff-appellants have challenged the judgment and decree dated 24.2.2015 passed by the Additional District Judge No. 19, Sanganer, Jaipur Metropolitan, Jaipur in Civil Suit No. 447/2013 whereby the learned trial Court allowed the application under Order 7, Rule 11 CPC filed by respondent-defendant-Dr. G.L. Purohit and dismissed the suit filed by the appellants for declaration, permanent injunction and mandatory injunction.

2. Brief relevant facts for the disposal of these applications may be stated as below:-

(i) With the sanction dated 8.12.1989 of State of Rajasthan, land measuring five acres comprising in Khasra No. 527 and 528 was leased-out for a period of 99 years for establishment of super speciality hospital by Mahaveer Jaipuria Medical Foundation Trust (respondent No. 3-herein) in favour of appellant-M/s Rajasthan Hospitals Ltd. (registered company) and in this regard a registered sub-lease-deed dated 25.6.1992 was also executed between the parties and possession of the land was handed over to appellant-Rajasthan Hospitals Ltd.

(ii) The said hospital could not be established and made functional by the appellant-company by one reason or the other although maps for construction were approved by the Jaipur Development Authority and some amount of money was also invested.

(iii) Respondent No. 3 Mahaveer Jaipuria Medical Foundation Trust and others filed Civil Suit No. 10/2015 (Old No. 125/1999) for cancellation of the said sub-lease on 15.1.1999 against appellant M/s Rajasthan Hospitals Ltd. on the ground that hospital has not been established within the stipulated period. Directors of the appellant-company including Dr. G.L. Purohit were also made party-defendant in that suit.

(iv) Appellant-Dr. S.S. Agarwal and others filed a Company Petition No. 53/2008 before Company Law Board which was allowed vide order dated 26.8.2013 and respondent Dr. G.L. Purohit was removed as director of the appellant-company.

(v) Against the order dated 26.8.2013, S.B. Company Appeal No. 12/2013 was filed in the Rajasthan High Court by the appellant-Rajasthan Hospitals Ltd. and respondent Dr. G.L. Purohit and in this appeal during the course of hearing an application for withdrawal of the appeal was filed and the same was decided by a learned Single Bench vide order dated 29.6.2015 and appellant-M/s Rajasthan Hospitals Ltd. was ordered to be transposed as respondent from the array of appellant in the said company appeal.

(vi) Respondent-Dr. G.L. Purohit was removed as director of the appellant-company by a resolution dated 30.9.2013 of Board of Directors and his power of attorney was also withdrawn in a meeting held on 21.10.2013 of the Board of Directors of the appellant-company.

(vii) Civil Suit No. 447/2013 was filed on 27.11.2013 by the present appellants against respondents for declaratio













































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