(1.) The Parties:-
(2.) The suit is a derivative action, filed by the Rahejas for the benefit of Windsor in their capacity as shareholders. They seek re-transfer / re- conveyance of certain property at Thane, damages and/or other appropriate reliefs on account of the loss suffered by Windsor and consequently by the Rahejas, resulting from fraud said to be perpetrated by defendant nos.1 to 11, who have allegedly acted in collusion and caused a distress sale of the Thane property (suit property) under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 (SARFAESI Act ) and in purchasing the suit property from defendant no.16 (HDFC) such that the property came to be beneficially held by the Narangs to the extent of 50%. Defendant nos.1 to 11 are alleged to have defrauded Windsor and the Rahejas by wrongfully depriving them of the suit property, while causing wrongful gain to defendant nos.1 to 11. Windsor is being managed by Rahejas and Narangs, who hold an equal stake and hence Windsor is unable to pass appropriate board resolutions for instituting proceedings in its own name. The Rahejas have contended that prior to filing of the suit, board resolutions had been circulated seeking initiation of legal proceedings against defendant nos.1 to 11; however, the said resolutions came to be blocked. The reliefs sought in the suit are against defendant nos.1 to 15. No relief is being sought against defendant no.16.
(3.) In the notice of motion, Rahejas seek;