LAWS(CAL)-2021-8-29

MAHESH KUMAR KEJRIWAL Vs. RAMESH KUMAR KEJRIWAL

Decided On August 05, 2021
Mahesh Kumar Kejriwal Appellant
V/S
Ramesh Kumar Kejriwal Respondents

JUDGEMENT

(1.) The present revisional application arises out of a suit for declaration and injunction filed by the opposite party nos. 1 to 3 against the petitioners and opposite party nos. 4 to 6. In the plaint, the following reliefs were claimed :

(2.) The suit property, as described in Schedules "A" and "B" of the plaint, pertains to various shares, held in the opposite party nos. 5 and 6 (defendant nos. 4 and 5 respectively in the suit)-Companies.

(3.) In the said suit, the defendants/petitioners filed an application under Order VII Rule 11 of the Code of Civil Procedure for rejection of the plaint. The plaintiffs/opposite party nos. 1 to 3, on the other hand, took out an application under Order XXIII Rule 1 of the Code of Civil Procedure, thereby praying for liberty to abandon the relief (e) claimed in the plaint, relating to rectification of the Register of the Members of the defendant nos. 4 and 5 and to approach the National Company Law Tribunal (NCLT) for such relief.