RAJ SEKHAR AGARWAL Vs. PRAGATI 47 DEVELOPMENT LTD.

JUDGEMENT

(1.) THIS is an application taken out by the defendant Nos. 12, 13 and 14 for rejection of the plaint of CS No. 319 of 2013 as against the said defendants or alternatively for expunction of the names of the said defendants from the plaint of the said suit.

(2.) THE plaintiffs have filed Company Petition No. 859 of 2010 before the Company Law Board, Eastern Bench, Calcutta, under Sections 397 and 398 of the Companies Act, 1956. In the said company petition the present defendant No. 12 was impleaded as respondent No. 16. The main reliefs sought in the said company petition included the following: -

(3.) THE petitioners in the said company proceeding being the plaintiffs in the present suit filed an application before the Company Law Board praying for withdrawal/abandonment of the main prayers (n) to (r) and interim prayer (k), which have been set out hereinabove. The petitioners further prayed for leave to institute a fresh suit in respect of the matters covered by the reliefs which were sought to be abandoned. The Company Law Board rejected the petitioner's prayer for abandoning the aforesaid reliefs with leave to institute fresh proceedings in respect of the matters covered by such reliefs.