SUNIL DUTT BANSAL Vs. JAI BHAGWAN

JUDGEMENT

(1.) This order of mine shall dispose of two revision petitions i.e. CR.No.6893 of 2018 and CR. No.7404 of 2018. The said revision petitions have been filed challenging the orders dated 02.05.2018 and 30.08.2018, whereby the application of the petitioners under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure (hereinafter referred to as'CPC') for recalling the order dated 05.03.2015 as well as for recalling the statements given by Sunil Dutt Bansal, Jai Bhagwan Bansal and Sanjay Bansal was dismissed.

(2.) In order to decide the present lis, it is necessary to notice the essential facts.

(3.) On 02.03.2007 Jai Bhagwan Bansal S/o Late Sh. Ram Sahai Bansal and his son Sanjay Bansal, respondent Nos.1 and 2 herein, filed a suit (CS. No.31) for declaration to the effect that the appointment of Smt. Renu Bansal and Sanjeev Gupta, defendant-petitioners No.2 and 3 herein, as Directors of the Company defendant-respondent No.5 herein, vide the alleged extra- ordinary meeting dated 09.02.2006 allegedly held at SCF. No.272, First Floor, Motor Market, Manimajra, Chandigarh alongwith Form No.32 dated 09.02.2006, Form No.2 dated 15.12.2006 filed by defendant-petitioner No.1 herein with the Registrar of Companies were illegal, null and void and against the provisions of Company Act, 1956 and further for restraining the defendant- petitioners No.2 and 3 herein from participating in any meeting of defendant- respondent No.5 herein. The suit was contested by the defendants therein and vide a detailed judgment dated 06.12.2013 the Trial Court decreed the suit.