RUPAK GUPTA Vs. BIRENDRA KUMAR

JUDGEMENT

(1.) BRIEF facts of the case are that on 13.2.1961, U.P. Hotels Ltd. (formerly known as Uttar Pradesh Hotels & Restaurants Limited) promoted by Gupta Family was incorporated as a Public Limited Company. In the year 1961, initially, the said company was established under the name and style of Banaras House Pvt. Limited (formerly Banaras Art House Pvt. Ltd.) and by passage of time, the organization has expanded and different companies were incorporated, such as U.P. Hotels Limited (UPHL), Hotel Clarks Varanasi Ltd. (HCVL), Indian Textiles Private Ltd. (ITCPL); and Banaras House Pvt. Ltd. (BHL) and on account of dispute with regard to the management of different organizations, the plaintiffs -respondent nos. 1 to 3 preferred a suit bearing Regular Suit No. 1574 of 2012 [Sri Birendra Kumar and others Versus Sri Sushil Kumar and others] with the following reliefs:

(2.) IN the said suit, notices were issued and after hearing the parties, the trial Court passed an injunction order dated 20.3.2013 on the application under Order 39 Rules 1 and 2 CPC directing all the parties to the suit to maintain status quo. Being aggrieved, one of the defendants, namely, Rupak Gupta [appellant herein] has preferred an F.A.F.O. No. 447 of 2013 [Rupak Gupta Vs. Birendra Kumar And Ors].

(3.) AT the same instance another appeal was preferred as F.A.F.O. No. 448 of 2013 by one Shushil Kumar as appellant then defendant. Both the appeals got connected vide order dated 29.04.2013 and notices were issued and all the parties have put in appearance through their respective Counsel. During the course of hearing, learned Counsel for the respective parties have agreed that the matter may be referred to the Mediation and Conciliation Centre and accordingly, Mr.I.B. Singh was appointed as Mediator to look into the matter and to mediate between the parties, as the dispute is purely a family dispute with regard to the management of different organizations. The said order was passed on 25.7.2013. In compliance of this Court's Order dated 25.7.2013, the matter was mediated by Mr. I.B. Singh, Senior Advocate. According to the report of Mediator dated 29.11.2013, though the matter was fixed on thirty six (36) dates, yet the mediation is unsuccessful.