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2018 Supreme(Del) 2483

PRATHIBA M.SINGH
SAS Hospitality Pvt. Ltd. – Appellant
Versus
Surya Constructions Pvt. Ltd. – Respondent


Advocates Appeared:
For the Plaintiffs : Mr. Brij Bhushan Gupta, Mr. Amarjeet Singh, Mr. Uday Khanna.
For the Defendants : Ms. Anisha Mahajan, Mr. Dhruv Surana, Mr. Ashish Choudhury, Mr. Jayant Mehta, Mr. N. Raja Singh, Mr. Sumit Malhotra.

JUDGMENT :

PRATHIBA M. SINGH, J.

1. The Plaintiff - SAS Hospitality Pvt. Ltd. (SAS) has filed the present suit seeking a declaration that the allotment of shares in favour of the Defendant Nos. 5 to 9 is null and void and a permanent injunction be passed from giving effect to the allotment dated 5th October, 2013. Reliefs prayed in the plaint are as under:

“(a) Declaring that the allotment of shares, dated 05th October, 2013, in Defendant No. 1 Company in favour of Defendant No. 5-9 as set in Schedule I to the Plaint to be null, void and illegal.

(b) Issue a decree of Permanent Injunction restraining the Defendant No. 1 and Defendant No. 2-4 from giving effect to allotment dated 05th October, 2013.

(c) Issue a decree of Permanent Injunction restraining the Defendant No. 5-9 to exercise any voting rights or whatsoever rights in Defendant No. 1 Company in view of the illegal allotment of shares dated 05th October, 2013.

(d) Issue a decree of Permanent Injunction restraining the Defendant No. 1 from selling, disposing or creating third party rights on the assets of the Defendant No. 1, that is, the hotel property, J-14, Community Centre Rajouri Garden, New Delhi-110027.

(e) And/or pass any o




















































































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