DEEPAK KHOSLA Vs. VINOD SURHA

JUDGEMENT

(1.) Crl.Misc.2/2010 has been filed by the petitioner for perjury and related offences by the proposed accused while filing counter affidavit dated 24.2.2010 filed in CCP 1/2009 in Co.App.(SB) 6/2008 & 7/2008 titled Montreaux Resorts (Private) Limited and Others vs. Vikram Bakshi and Others. The said petition has been filed under Section 340 Cr.PC for prosecution of the offence of perjury.

(2.) The genesis of the present dispute relates to a land in Kasauli, Dist. Solan, Himachal Pradesh. The land was owned by the petitioner/family of the petitioner. Some of the persons being part of the Petitioner Group entered into an MOU dated 21.12.2005 with Mr.Vikram Bakshi. The project was a joint venture between the Petitioner Group and Bakshi Group. There was to be some transfer of share holding in favour of Bakshi Group in the company Montreaux Resorts (Private) Ltd. Pursuant to the MOU, Mr.Vinod Surha and Mr.Wadia Prakash, nominees of Mr.Vikram Bakshi were appointed as additional directors of the Company.

(3.) Disputes arose between the parties. Mrs. Sonia Khosla wife of the petitioner filed a petition under Sections 397 and 398 of the Companies Act, 1956 before the Company Law Board (CLB).