VINAY KUMAR MALHOTRA Vs. VASHIST MALHOTRA

JUDGEMENT

(1.) The challenge by means of this Regular First Appeal (RFA) filed under Section 96 Civil Procedure Code, 1908 (CPC) is to the impugned judgment of the trial Court dated 3.11.2007 disposing of the suit as compromised under Order 23 Rule 3 CPC.

(2.) The brief facts of the case are that respondent/plaintiff filed the subject suit for declaration and injunction, inasmuch as there were disputes between the parties with respect to a company of which the respondent and the appellants were directors. It was alleged by the respondent/plaintiff that he was wrongly removed from the directorship and that defendant No. 2 was wrongly appointed as the Director of defendant No.3.

(3.) The company in question seems to have received money from the Chief Controller, Accounts, Ashoka Road, New Delhi amounting to Rs.70 lakhs. Obviously, the real dispute was for the claim towards these amounts. During the pendency of the suit, appellant/defendant No.1 and respondent/plaintiff made the following statements on 8.2.2006:-