INFONOX SOFTWARE PVT. LTD. Vs. RAJ KUMAR DUBEY

JUDGEMENT

(1.) The present revision petition is filed under Sec. 115 Civil P.C. seeking to challenge the order dated 24.11.2016 passed by the Trial Court dismissing the application of the petitioners under Order 7, Rule 10 and 11 Civil P.C. for dismissal of the suit.

(2.) Respondent No.1 has filed the present suit for declaration, permanent and perpetual injunction and damages. Petitioner No. 1-Company was incorporated on 23.05.2000 under the Companies Act, 1956. The respondents were the first directors of the Company who were said to have the entire share capital at the time of incorporation. It is stated that on 16.10.2009 respondent No.1 received a notice convening a meeting of the Board of Directors of petitioner No.1 which was proposed to be held on 18.10.2009 at Arizona, USA. As per the Resolution of the Board of Directors which was forwarded to respondent No.1, respondent No.1/plaintiff was sought to be ousted from the Board of Directors. Hence respondent No. 1 filed a suit seeking the following reliefs:-

(3.) On 03.08.2011, when the suit came up for hearing, respondent No.1 sought leave to withdraw the suit with liberty to take recourse to such remedies which may be available to him in accordance with law. Granting leave, the suit was dismissed as withdrawn with liberty as prayed for.