CNA EXPORTS PVT LTD Vs. JASKIRAT DATWANI

JUDGEMENT

(1.) This Appeal assails the Order of the learned Single Judge dated 1.2.2008, dismissing the application filed by Mr.Anand Datwani in his capacity as a Director of Defendant No.3, In Exports Private Limited, which admittedly holds thirty eight per cent share in immovable property bearing No.6, Friends Colony (West), New Delhi. The Prayer in the application is for handing over possession of the portion shaded in Green in the Site Plan produced below:- SITE MAP

(2.) The portion, shaded in blue, is in the possession of Mr. Janak Datwani, because of his holding over ninety nine per cent shares of In Exports Private Limited; this portion is twenty four per cent of the Suit Property.

(3.) The remaining portion, shaded in pink, comprising thirty eight per cent is in the possession of Mrs. Jaskirat Datwani, ex- wife of Mr. Janak Datwani. A bare perusal of the sketch map manifests that unless Mr. Janak Datwani has access and control over the Green portion, he will be fully hemmed in by the Green and pink portion. Prima facie, it appears to us that Mr. Janak Datwani would not have agreed on the present settlement with his ex-wife unless he had, at the relevant time, dominion over the Green portion. All the parties hereto admit that the Green portion falls to the share of the Appellant Company. It has been urged on behalf of the Appellant that handing over of possession thereof was thwarted by Mrs. Jamna Datwani, mother of Mr.Janak Datwani, on the premise that she was, at the material time, the Managing Director of the Appellant Company and hence ought not to be dispossessed therefrom.