AVNIJA AHLUWALIA Vs. BIKRAMJIT AHLUWALIA & ORS

JUDGEMENT

(1.) This is an application by respondent Nos. 7 to 16 for deleting their names from the array of respondents.

(2.) This is a suit/petition filed by the petitioner as an indigent person seeking declaration, partition and rendition of accounts. The petitioner is the daughter of respondent No.2 Mr. Vikaas Ahluwalia whereas respondent No.1 is his father. Respondent No.3 is the wife of respondent No.1 whereas respondents No. 4 to 6 are his daughters. It is alleged in the plaint that a construction business was started by respondent No.1 Mr. Vikaas Ahluwalia with his late father Mr. Karamchand Ahluwalia, with the nucleus of HUF funds. As the business grew, a private limited company namely Ahluwalia Contracts Private (India) Limited was set up in the year 1979. Respondent Nos. 2 to 6 were allotted shares in the company from the funds of joint family. Subsequently, it was converted into M/s Ahluwalia Contracts (India) Limited (respondent No.7). It is further alleged that respondents 8 to 16 were later incorporated and are closely held by the respondents and other family members in which joint family funds have been blended.

(3.) Schedule-A to the petition describes the property alleged to have been purchased from the HUF funds whereas Schedule-B to the petition gives details of various joint family businesses. The plaintiff has sought a decree of partition of the properties and business detailed in Schedules A and B besides seeking rendition of accounts in respect of shares, deposits, dividends of the petitioner in the joint family business as detailed in Schedule B. Though the heading indicates as if it is a suit for declaration, partition and renditions of accounts, no declaration has actually been sought by the petitioner.