JAMNA DATWANI Vs. ANAND DATWANI

JUDGEMENT

(1.) THE above two applications, one under Order 39 Rule 1 and 2 CPC and the other under Order 39 Rule 1 and 3, have been filed by the plaintiffs in the above two suits. Both the plaintiffs are related to defendant No. 1. While Smt. Jamna Datwani is the mother of defendant No. 1, Mr. Janak Datwani is the brother of Mr. Anand Datwani. Both the plaintiffs viz Smt. Jamna Datwani and Mr. Janak datwani have claimed that they were the shareholders of M/s C. N. A. Exports private Limited and denied the claim of Mr. Anand Datwani that he was having 99% shares in C. N. A. Exports Private Limited being baseless, based on forged documents.

(2.) C. N. A. Exports Private Limited had immovable property bearing plot No. 4 sector 18, Gurgaon measuring 24200 sq yards and it also has 38% shares in the land and building at 6, New Friends Colony, New Delhi. Smt. Jamna Datwani claims that she was having 22. 7% shares in C. N. A. Exports and Mr. Janak Datwani claimed that he was having 13. 33% shares. There are various litigation going on between the family members. A final decree in a suit for partition of the property situated at New Friends Colony has already been passed and in the partition, the company got 38% shares. In the subject applications in the above suits, a prayer is made that the defendants, their directors and agents be restrained from creating any third party right in any manner in the land and building of Plot no. 4, Sector 18, Gurgaon or in respect of share of company in New Friends Colony property.

(3.) M/s. C. N. A. Export before filing of these suits had already entered into an MOU for development of Gurgaon property with a third party/company. The claim of the defendant No. 2 is that Smt. Jamna Datwani and Mr. Janak Datwani were not the shareholders of the company. The shares of Mr. Janak Datwani and others were transferred in favour of Mrs. Jamuna Datwani and Mrs. Jamna Datwani further transferred all her shares in favour of Mr. Anand Datwani. A valid gift deed was executed by Smt. Jamna Datwani and she also signed share transfer form on 23rd March 1998. With the transfer of these shares in favour of Mr. Anand datwani, Mr. Anand Datwani became the owner of 99% shares in the company.