VISHAL METAL AND MINING LTD Vs. RAKESH PIROGIWAL

JUDGEMENT

(1.) This is a claim for money paid by the plaintiff / petitioner to the defendant no.3 at the instance of the defendant nos.1 and 2 for purchase of a sawmill located in Arunachal Pradesh of which the defendant no.4 is a substantial share-holder. The claim of the plaintiff/petitioner proceeds on the basis of an amount of Rs.14.14 crores being given for the sawmill in 2019 after which the plaintiff/petitioner would be in possession of the said mill.

(2.) Learned counsel for the petitioner submits that since the concerned transaction for purchase of the project failed, the petitioner is no longer interested in purchasing the saw-mill and the only relief sought at this stage is refund of the money given to the defendant no.3 for purchase of the saw-mill.

(3.) The defendants speak in different voices in their defence to the claim. The case of the defendant nos.4,7 and 8 is that the defendant nos.1 and 2 control defendant nos.5 and 6 and that the agreement which forms the basis of the claim was between the plaintiff and the defendant nos.1 and 2. It is submitted that there is admittedly no agreement for the transaction in question between the plaintiff and the defendant nos. 5, 6, 7 and 8.