HINDALCO INDUSTRIES LIMITED Vs. BRIJESH KUMAR AGARWAL

JUDGEMENT

(1.) The Petitioner who happens to be registered company incorporated under Companies Act, 1956 has filed this writ petition under Article 226/227 of the Constitution of India with the following prayers:

(2.) It appears the Plaintiff has filed suit No. 2108 of 1997 in the Court of Civil Judge (Junior Division) Kanpur Nagar against the Petitioner/Defendant with the prayer not to transfer 100 shares (Folio No. H.E. 378256 Praman Patra Sankhya 457059 Se 60, D.No. 10721269-28506145-150, 6790945-6790961-961, 10041811-811, 13387162-162, 1117950-986, 20430694-703 and issue duplicate copy of the aforesaid shares with the further prayer to pay profit incurred there from. The said suit was decreed ex parte by the Court of Civil Judge (Junior Division) Kanpur Nagar on 16.3.1998.

(3.) Aggrieved by that order the Petitioner has filed an application under Order 9 Rule 13 of the Code of Civil Procedure (hereinafter referred to as Code of Civil Procedure ) on 15.5.1998 alongwith an application for condonation of delay. The application of the Petitioner for condonation of delay was rejected by the Court below on 20.1.2003.