AYUSSH RATHHI Vs. ASHOK KUMAR RATHI

JUDGEMENT

(1.) Defendant no. 6 has filed the present application being G.A. No. 3 of 2022 in C.S. No. 28 of 2019 praying for deletion of its name from the case being C.S. No. 28 of 2019. Defendant no. 6 says that the plaint does not disclose any cause of action against the defendant no. 6 and the defendant no.6 being the Company, an independent and separate juristic entity, is not bound by any partition and is squarely covered by the Companies Act, 2013.

(2.) Mr. Reetobrata Mitra representing the defendant no. 6 submitted that the defendant no. 6 is an independent juristic entity in which the plaintiff never held any shares, nor is there any pleading in the plaint that the plaintiff held any shares in the defendant no.6 at any point of time. He submits that there is nothing on record in so far as the defendant no.6 is concern being the part of the family company, assets, properties etc.

(3.) Mr. Mitra submitted that the defendant no.6 cannot under any circumstance be treated to be assets of the family or the shareholders of such company. He says that if it is construed that the shares of the defendant no. 6 is held closely by all family members, belonging to Rathhi family, the assets and properties of the defendant no.6 continues to be vested in the company itself i.e the defendant no.6 and not with the shareholders and shareholders cannot by mutual consent, understanding, representation seek to alter, amend, modify or usurp the assets and properties of the defendant no. 6.