MAGANLAL HARILAL DOSHI Vs. SARVADAMAN MANSUKHLAL DOSHI

JUDGEMENT

(1.) HEARD Mr. Khambatta for the plaintiffs and Mr. Doctor for defendant Nos. 1 to 23 and 39. The defendant Nos. 25 to 38, though served are absent. An affidavit of service is filed on record. As the defendant No. 24 has died prior to the filing of the chamber summons, the plaintiffs seek leave to delete the name of defendant No. 24 from the chamber summons. Leave granted.

(2.) THE plaintiff Nos. 1 to 11 and the defendants are lineal decendants of one Shri Harilal Doshi. They had formed a company known as "echjay Industries Pvt. Ltd. " which is the plaintiff No. 12 herein. The family members were carrying on business through the said company. In the year 1983 or thereabout. Mansukhlal Harilal Doshi (original defendant No. 24) and his branch separated from the family. A new company by name Echjay Forgings Pvt. Ltd. (defendant No. 39 herein) was formed. Certain assets of plaintiff No. 12 company were agreed to be transferred to the defendant No. 39 company under the control of Mansukhlal Harilal Doshi and his branch.

(3.) INITIALLY there was a family settlement in the family which was reduced to writing on 27-5-1983. A supplemental deed of family arrangement was executed between the parties on 6-6-1984. For the purpose of transferring the assets of the plaintiff No. 12 company to the defendant No. 39 company, a petition was filed under sections 391 to 394 of the Companies Act bearing Company Petition No. 271 of 1985 connected with Company Application No. 328/84. Company petition was allowed by an order dated 3-9-1986 ordering transfer of certain assets and properties of the plaintiff No. 12 company to the defendant No. 39 company.