R.P. KHOSLA Vs. ANAND MOHAN MISHRA

JUDGEMENT

(1.) Present Petition has been filed by the Petitioner under Section 340 Cr.PC seeking prosecution of the Respondents herein for alleged offence of perjury committed by making false and contradictory averments in the Counter Affidavit filed by Respondent No.3 on 24.02.2010 in C.C.P. (Co.) No. 1/2009 before this Court in Company Appeals (SB) Nos. 6 & 7 of 2008 titled Montreaux Resorts Pvt. Ltd. and Ors vs. Vikram Bakshi & Ors .

(2.) The genesis of the Petition is in the chequered history of litigation in which the parties herein (hereinafter referred to as the 'Khosla Group' and the 'Bakshi Group') have remained embroiled. Fulcrum of the dispute between the parties relates to a land in Kasauli, District Solan, Himachal Pradesh, owned by the Petitioner and his family. In order to develop the estate into a Resort, a Memorandum of Understanding (MOU) dated 21.12.2005 was entered into between Mr. Deepak Khosla, Mr. R.P. Khosla, MRL and Mr. Vikram Bakshi. The project was joint venture between the Khosla Group and Mr. Vikram Bakshi. Bakshi Group was to finance and manage the entire project while MRL was the special purpose vehicle for the execution of the project. The terms of the MOU required transfer of shareholding in MRL by Khosla Group to Vikram Bakshi on certain conditions.

(3.) Pursuant to the MOU dated 23.12.2005, Mr. Vinod Surah and Mr. Wadia Prakash (nominees of Mr. Vikram Bakshi) were appointed as Additional Directors of MRL. An agreement dated 31.03.2006 was executed between Ms. Sonia Khosla, wife of Mr. Deepak Khosla, Mr. R.P.Khosla, MRL and Mr. Vikram Bakshi, whereby 51% shareholding in the Company was transferred to Mr. Vikram Bakshi.