MANOJ KUMAR SONTHALIA Vs. VIVEK GOENKA

JUDGEMENT

(1.) . The appellant in O.S.A.Nos.82 to 88 of 1993 has moved the petition, seeking inter alia to modify our order and judgment dated 27.7.1994 in the said appeals in terms of the compromise memorandum in C.S. Nos.1246 and 1247 of 1992 and Petitions to implead Sterling Newspaper Limited, Bharatkatha Publications Private Limited and Bharatkatha Offset Private Limited as defendants in C.S. No.1246 of 1992, to pass an order to transfer the suit C.S. Nos. 1246 and 1247 of 1992 from the file of the Original Side to the file of the Appellate Side for the purpose of recording the compromise. The last prayer, which is also covered by separate petitions filed on behalf of the appellant in the suits is wholly uncalled for and should not have been made at all. The prayer to implead Sterling Newspaper Limited, Bharatkatha Publications Private Limited and Bharakatha Offset Private Limited as defendants 15 to 17 in the suits is also not warranted. We have however to see in the instant proceeding, whether the judgment in O.S.A. Nos.82 to 88 of 1993 by us, needs any modification and can, in the circumstances of the case, the compromise be recorded in the appeals, so that the suits C.S. Nos. 1246 ands 1247 of 1992, are disposed of in terms of the compromise between the plaintiff, on the one hand, and the defendant/ defendants who is are parties to the compromise, on the other hand.

(2.) ALL the seven appeals which have been disposed of by us under a common judgment dated 27.7.1994, had arisen out of a common order at the interlocutory stage for temporary injunction. The plaintiff/ appellant and the 6th respondent/ defendant viz. Manoj Kumar Sonthalia and Vivek Goenka are the grandsons of late Sri Ramnath Goneka (hereinafter referred to "RNG"). Manoj Kumar Sonthalia is the son of Radha Devi Sonthalia, daughter of RNG and Anil Kumar Sonthalia is his brother (described in the plaint as mentally retarded). Vivek Goenka is the son of another daughter of RNG. Smt.Krishna Khaitan. The other parties in the suits as well as the appeals include as the 1st defendant/ respondent, a private limited company, Nariman Point Building Services and Trading Private Limited, Bombay, and as other defendants, the Indian Express Newspapers (Bombay) Limited, Bombay for all purposes a subsidiary of the 1st defendant/ respondent Indian Express (Madurai) Limited, for all purposes, a subsidiary of the Indian Express Newspapers (Bombay) Limited and other Companies, including Andhra Prabha Limited and individuals, viz., Nusli N.Wadia, Sri Krishna Moolgaonkar, Venu Srinivasan, T.Dulip Singh, K.R.Ramamani. R.A. Shah and others.

(3.) THE trial court declined to grant any interim order and held against the plaintiff that he had not made out a prima facie case for the grant of injunction or direction and that the balance of convenience was in keeping the corporate freedom in tact without there being any interference by court in the formation either of the 1st defendant- company or any of its subsidiary companies.