CHANDMAL CHOFRA Vs. K VENKETRAMAN

JUDGEMENT

(1.) This is complainant's appeal against the order of dismissal dated 21.10.1998. The case was dismissed on the ground that it was barred by the principle of res judicata. Earlier the complainant brought a case against the Director of the Company claiming the self same relief. The cause of action is same. The present case has been brought against the Promoters of the Company claiming the same relief which had been claimed in the earlier proceeding. The complainant lost the earlier suit and did not prefer any appeal against the decision of the Forum, but has brought this action against the Promoters claiming payment of money under the "buy-back clause". The complainant wanted to invoke the offer of "buy-back Scheme" which was circulated by the Company through their letter dated 6th October, 1994. According to the learned Counsel appearing for the respondent this Circular is confidential in nature and is meant for relatives, friends and business associates of the Company. A copy of the Circular has been placed in the file. Perusal of this Circular supports the contention of the learned Counsel for the respondent. This Circular was issued for and/or on behalf of the Company by the Directors. As noticed earlier the buy-back scheme was offered to the relatives, friends and business associates by the Directors of the Company and it was not meant for general public. The earlier case was instituted by the complainant against the Directors claiming to invoke the benefit of the scheme, but it was dismissed. In our opinion, the complainant cannot be allowed to re-open the issue and to agitate the same point over again. It appears that the case was correctly decided by the Forum and we find no reason to disturb the findings. The appeal is without any merit and is dismissed on contest.