LAWS(CAL)-2007-2-42

MANOHAR BAWARI Vs. SANTOSH KUMAR SINGHANIA

Decided On February 07, 2007
MANOHAR BAWARI Appellant
V/S
SANTOSH KUMAR SINGHANIA Respondents

JUDGEMENT

(1.) SOME of the defendants/ petitioners have filed the present application under Article 227 of the Constitution of India challenging the impugned order whereby the learned Trial Court has rejected their application under Order 7 rule 11 of the Code of Civil Procedure.

(2.) ON perusal of the plaint of the suit, it appears that the plaintiffs/opposite parties have prayed for, inter alia, a declaration that the transfer of the shares in favour of the defendant Nos. 1 and 2 is vitiated by fraud and the same is liable to be delivered up and cancelled and also certain prayers for perpetual injunction have been made by the plaintiff/opposite parties.

(3.) AS it appears from the submissions made by the learned Advocates for the respective parties and the allegations made in the plaint, that the dispute between the parties is with regard to an agreement between the plaintiffs on the one hand and the defendant/petitioners on the other hand in connection with the development of a certain property and selling of shares of certain companies.