RAMESH KUMAR JAIN Vs. SANDEEP JAIN

JUDGEMENT

(1.) IN order to dispose of the captioned application it may be necessary to note certain prefatory facts which, in my view are necessary to appreciate the stand taken by the parties in the present proceedings.

(2.) THERE are broadly two warring groups. At one end the plaintiff Mr Ramesh Kumar Jain and his 37 years old divorced daughter Monica Jain, i.e., defendant no. 3; on the other are two disconsolate sons Sandeep Jain (defendant no. 1) and Pankaj Jain (defendant no. 2). The disputes pertain to various assets and properties which are owned by the Jain family. The plaintiff/Mr Ramesh Kumar Jain has averred that he inherited a family business, which delved in, the manufacture, purchase and sale of chemical and chemical plants. The partners in the firm at the relevant point in time were the plaintiff Mr Ramesh Kumar Jain, his father Ram Kishan Jain and two sons of his brother Mohinder Jain, i.e., Ajay Jain and Sanjay Jain. The business was run under the name and style of Jainco Industry. The abovementioned persons shared their profits and losses in the following ratio:

(3.) APART from the above, there are averments in the plaint with regard to misappropriation of funds by defendant nos. 1 and 2 as also misappropriation of properties including vehicles registered in the name of the firms. There is a specific averment that the defendant nos. 1 and 2 have, out of the funds siphoned from the firms, set up a separate factory at Pune. The allegations in respect of misappropriation of funds and properties are contained in paragraphs 21 to 29 of the plaint. 4.1 The sum and substance of these allegations is that the plaintiff, who was the main protagonist of the family business, has today been rendered helpless and reduced to almost penury by none other than his own, i.e., sons, that is, defendant nos. 1 and 2. CS(OS) 1275-09 Page 5 of 11