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2018 Supreme(P&H) 4216

RAJ MOHAN SINGH
Suresh Kumar – Appellant
Versus
Brincoge Tools Pvt. Ltd. – Respondent


Advocates Appeared:
Rakesh Chopra, Advocate, for the Petitioner; Briz Mohan, Advocate for Mr. S.S. Sarwara, Advocate, for the Respondent Nos. 1 and 2

JUDGMENT

Raj Mohan Singh, J. - Petitioner has assailed the order dated 06.10.2017 passed by Civil Judge (Junior Division), Fatehgarh Sahib vide which application for recasting of issues as per pleadings of the parties and for directing the defendants to lead their evidence first as per onus on proposed issues was dismissed.

2. Plaintiff/petitioner filed a suit for declaration to the effect that he is continuing to be the director of respondent No. 1 and for permanent injunction, restraining the defendants from alienating the suit property.

3. In the written statement, defendants have raised objections that the plaintiff was removed from the office in the meeting of shareholders held on 24.06.2006. Necessary intimation regarding removal of the plaintiff from the office of directorship of the company/defendant No. 1 was also filed with the Registrar of Companies on 27.02.2006. Defendants relied upon Annexures A1 to A20. Plaintiff denied the stand of the defendants in his replication.

4. The factum of plaintiff being Director of defendant No. 1 upto 24.06.2006 was admitted. However, defendants alleged that the plaintiff was removed from the office in the meeting held on 24.02.2006. Ini

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