PREMVATI Vs. BHAGWATI DEVI

JUDGEMENT

(1.) This order shall dispose of the preliminary issue, whether the suit as framed is not maintainable in view of the provisions of Sections 397 to 407 of the Companies Act" (OPD), framed on 14th November, 2002.

(2.) The plaintiffs have filed this suit for partition and rendition of accounts contending inter-alia that Sh.Banwari Lal was the common ancestor of plaintiffs and defendant Nos.1 to 6. Plaintiff No.1 is the grand daughter of Late Sh.Banwari Lal, daughter of Sh.Bal Kishan Das son of Sh.Banwari Lal. The plaintiff No.2 is the son, plaintiff No.3 is the widow and plaintiff No.4 is the daughter of Sh.Gopal Kishan Das, son of late Sh.Bal Kishan Das.

(3.) According to the plaintiffs late Sh.Banwari Lal constituted and started his proprietary concern under the name and style of M/s.Bhana Mal Gulzari Mal, Chawri Bazar, Delhi. Later on Sh.Bal Kishan Das who was the only son of Sh.Banwari Lal along with his son constituted six private limited companies and registered them under the Indian Companies Act for the purpose of taking over the entire capital, assets and liabilities of M/s.Bhana Mal Gulzari Mal. Defendant Nos.7 to 12, took over the entire capital, assets and liabilities of the said sole proprietary concern, M/s.Bhana Mal Gulzari Mal.