LAWS(DLH)-2024-2-19

APARNA CHOUDHRIE KALA Vs. VAIBHAV KALA

Decided On February 15, 2024
Aparna Choudhrie Kala Appellant
V/S
Vaibhav Kala Respondents

JUDGEMENT

(1.) The instant civil revision petition under Sec. 115 of the Code of Civil Procedure, 1908 (hereinafter 'CPC') has been filed on behalf of the petitioner seeking the following reliefs:

(2.) The petitioner, who is a resident of Delhi, is a director and a shareholder of a company namely M/s Aqua Terra Adventures India Pvt. Ltd. (hereinafter 'ATAIPL'). The respondent, who is the husband of petitioner is also a director and shareholder of ATAIPL.

(3.) As stated, during the years 2012 to 2015, the petitioner had advanced a loan of approximately amounting to Rs.1.45 Crore to ATAIPL. Thereafter, during the years 2018-19 and 2019-20, a sum of Rs.55.00 Lakhs was transferred by ATAIPL in to the joint bank account of the parties where the respondent is the primary holder of the said joint bank account. The petitioner alleges that the respondent, without the consent of the petitioner, unilaterally and unauthorizedly transferred the said amount of Rs.55.00 Lakhs from the joint bank account for his own personal use in order to fulfil his liabilities towards third parties.