ANKUSH ANAND Vs. RAM KISHAN SINGH AND ORS.

JUDGEMENT

(1.) The case was taken up for hearing through video conferencing.

(2.) Petitioner has assailed the order dated 05.10.2019 passed by the Addl. Civil Judge (Sr. Divn.) Chandigarh vide which the application under Order 1 Rule 10 read with Section 151 CPC filed by him was dismissed.

(3.) Plaintiff/respondent No.1 filed a suit for specific performance of the agreements to sell dated 03.10.2017 and 28.09.2015, for declaration and mandatory injunction against the defendant/respondent No.2. As per pleadings in the plaint, the plaintiff submitted that he being Managing Director of AMCIPI Electronics Pvt. Ltd., has a legal right to file the suit. A memorandum of understanding was executed between the plaintiff and defendant on 29.07.2008 vide which defendant agreed to sell 5570 shares i.e. equal to 33% of the total shares of company known as VED Sons Engineer Pvt. Ltd., against consideration of Rs.12,33,33,333/-. Plaintiff further submitted that in the property owned by VED Sons Engineer Pvt. Ltd., defendant is one of the share holders and holds share to the extent of 33%. He entered into an agreement to sell in respect of his share only. There are numerous orders from the different Courts, but those orders do not create any impediment for the defendant to dispose off his share, of course subject to final determination of the liquidation proceedings as the plaintiff is nowhere in picture in all those legal proceedings. The prayer clause in the suit reads as under:-