THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment delivered on: 23.10.2007

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IA No.8275/2003 & IA No.8670/2003 in CS(OS) 675/1999

M/S BANK KREISS AG

... Plaintiff

- versus -

MR ASHOK K. CHAUHAN & ORS.

... Defendants

Advocates who appeared in this case:-

For the Plaintiff

: Mr R. K. Anand, Sr. Advocate with Ms Shivani Lal,

Mr S. B. Sharma and Mr Vishv Nidhi

For the Defendant No.1

: Mr Valmiki Mehta, Sr. Advocate with Mr Vinay Garg

For the Defendant Nos.2-13: Mr Arun Mohan, Sr. Advocate with Mr Rajesh Yadav and

Mr A. P. Singh

CORAM:-

HON'BLE MR JUSTICE BADAR DURREZ AHMED

1.

Whether Reporters of local papers may be allowed

to see the judgment ?

YES

2.

To be referred to the Reporter or not ?

YES

3.

Whether the judgment should be reported in Digest ?

YES

BADAR DURREZ AHMED, J

1.

Three interesting questions arise for consideration in these

applications. They are:-

(1) Whether a merging company, upon merger with

another company and thereby ceasing to exist as an

independent entity, could be construed as having

“died” upon such merger in the context of Order 22 of

the Code of Civil Procedure, 1908?

2007:DHC:1309

(2) If yes, would a suit