NIRBHAY KAPOOR Vs. KAMERO TECHNOSYS LTD AND ANOTHER

JUDGEMENT

(1.) Heard Sri Ashish Kumar Srivastava, learned counsel for the plaintiff-appellant and Sri Udai Chandani and Sri Nimai Dass, learned counsel for the defendants-respondents.

(2.) Briefly stated facts of the present case are that the plaintiff-appellant was one of the Directors in the respondent no.1 Company. The defendant-respondent No.1 is a Limited Company. It purchased an immovable property being House No.19/1, B.L.K.-B, Okhla Industrial Area, Phase -2, New Delhi (hereinafter referred to as the "disputed property"). The plaintiff-appellant and the defendant-respondent No.2 and their family members were Directors in six companies, namely, M/s. Himalayan Bioxteracts Pvt. Ltd., Kamero Technosys Ltd., Virat Residency Ltd., Dynacon Cares Ltd., Dynacon Systems Ltd. and Duet Marketing Pvt. Ltd. The plaintiff-appellant and the defendant-respondent no.2 and their two guests drawn Minutes of the Meeting dated 10.2.2016, which is reproduced below :-

(3.) Subsequently, agreement to sell dated 21.5.2016, was entered by the defendant-respondent No.1 with someone for sale of the disputed property for Rs.5,40,00,000.00. The plaintiff-appellant asked the defendant-respondents to pay to him Rs. 8,55,00,000.00 in terms of the Minutes of the Meeting dated 10.2.2016. Since this amount was not paid, therefore, the plaintiff-appellant filed O.S. no.79 of 2019 (Nirbhay Kapoor Vs. M/S Kamero Technosys Ltd And Another) praying for declaration of lien over assets of three companies, namely, M/s. Himalayan Bio Extracts Pvt. Ltd., Kamero Technosys Ltd. and Virat Residency Ltd. The relief for permanent injunction was also sought to restrain the defendant-respondents from transferring the disputed property. The aforesaid suit was dismissed by the impugned order dated 25.3.2019, passed by the Additional Civil Judge (S.D.)/ACMM, 9th, Kanpur Nagar, on the ground that it is not maintainable in view of the provisions of Sec. 430 of the Companies Act 2013 (hereinafter referred to as "the Act 2013") read with Order 7 Rule 11 (d) of the C.P.C.