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2018 Supreme(HP) 339

SANDEEP SHARMA
Ravinder Kumar Bansal – Appellant
Versus
Pankaj Gupta – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Ambika Kotwal, Advocate.
For the Respondent:Mr. Ramakant Sharma, Mr. Basant Thakur, Advocate.

JUDGMENT :

Sandeep Sharma, J.

By way of instant application filed under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure, prayer has been made on behalf of the applicants-plaintiffs for adding Shri Birbhan Goel as proforma defendant No. 4. Prayer made in the application referred to herein above is opposed by the non-applicants/defendants by way of a detailed reply filed to the application. Applicants-plaintiffs have filed above captioned civil suit for recovery of an amount of Rs. 4,74,32,000/- as balance consideration in terms of agreement dated 21.3.2013. As per agreement dated 21.3.2013, applicants-plaintiffs agreed to transfer their complete equity share of Atul Castings Limited (ACL) having its registered office at Village Dandi Kania, Tehsil Nalagarh, District Solan, Himachal Pradesh in favour of the defendants for a total sale consideration of Rs. 8,51,00,000/-. Since nonapplicants/ defendants allegedly failed to make complete payment in terms of agreement referred to herein above, suit bearing No. 25 of 2016 titled Ravinder Kumar Bansal and others vs. Pankaj Gupta and others came to be filed for recovery of amount, as has been taken note herein above.

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