LAWS(DLH)-2023-10-79

RAHUL DILIP SHAH Vs. CATALYST TRUSTEESHIP LIMITED

Decided On October 20, 2023
Rahul Dilip Shah Appellant
V/S
Catalyst Trusteeship Limited Respondents

JUDGEMENT

(1.) The present application under Sec. 151 CPC has been filed by the plaintiff seeking ad interim directions permitting the plaintiff to exercise its voting rights in respect of 32,82,720 equity shares claimed to be owned by the plaintiff in the defendant no. 3 company in the proposed meeting of the equity shareholders of the defendant no. 3 scheduled on 27/10/2023.

(2.) At the outset, the brief factual matrix leading to the filing of the present suit and the prayers sought therein may be noted. Though, pleadings in the suit are complete, the joint schedule of documents is yet to be filed.

(3.) The Plaintiff is a citizen of the USA and a person of Indian Origin residing in the USA and claims to own 32,82,720 equity shares amounting to 26% of the total paid up capital of the defendant no.3, a public unlisted company incorporated under the provisions of the Companies Act, 2013 ('the Act'). The defendant no.1 and the defendant no.2 are companies incorporated under the Companies Act and are registered with the Securities Exchange Board of India as a Debenture Trustee and as a Category III Alternative Investment Fund and a Portfolio Manager.