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2015 Supreme(Jhk) 362

SHREE CHANDRASHEKHAR
Balwinder Singh – Appellant
Versus
Rajendra Singh Chahal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. V. Shivnath
For the Respondents: Mr. Indrajit Sinha

Order :

Aggrieved by dismissal of application under Section 446 of the Companies Act, 1956 filed in Title Suit No. 90 of 2004 seeking transfer of the Title Suit to Calcutta High Court, the present writ petition has been filed.

2. The brief facts of the case are that, an agreement of sale dated 20.02.1996 was executed by M/S Protective Saving & Finance Limited through its Managing Director namely, Manindra Nath Mukherjee in favour of Balwinder Singh. Another registered deed of sale dated 04.05.1998 was executed by M/S Protective Saving & Finance Limited through its Director namely, Sunil Kumar Saha in favour of Rajendra Singh Chahal. The petitioner namely, Balwinder Singh filed Title Suit No. 60 of 2000 against M/S Protective Saving & Finance Limited and others seeking specific performance of agreement of sale dated 20.02.1996. The said suit was decreed on 13.08.2002 directing M/S Protective Saving & Finance Limited and others to execute sale deed in respect of property comprised in agreement of sale dated 20.02.1996. In the meantime Company application nos. 146 of 1997, 118 of 1998 and 1and 2 of 1999 were filed before the Company Law Board, Eastern Region Bench at Calcutta. The Reser























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