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Dinesh Gupta And Others vs Rajesh Gupta & Others on 22 January, 2019

Author: Jayant Nath

Bench: Jayant Nath

$~OS-13
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+     CS(OS) 51/2018

      DINESH GUPTA AND OTHERS               ..... Plaintiffs
                   Through     Mr.Rajiv Nayar, Sr. Adv with
                   Mr.Dayan Krishnan, Sr. Adv. with Mr.Saurabh
                   Kirpal, Mr.Rishi Agarwala, Ms.Niyati Kohli,
                   Mr.Pranjit Bhattacharya and Ms.Aakashi Lodaa,
                   Advs.

                          versus

      RAJESH GUPTA & OTHERS                 ..... Defendants
                   Through    Mr.J.P.Sengh, Sr. Adv. with
                   Mr.Sanjay Gupta, Mr.Ateev Mathur and Ms.Jagriti
                   Ahuja, Advs. for D-1 to 3.
                   Mr.Vipul Ganda, Ms.Aastha Trivedi and
                   Ms.Chandrajee Maitra, Advs. for D-15, 17-22, 24,
                   25, 27, 36

      CORAM:
      HON'BLE MR. JUSTICE JAYANT NATH

                          ORDER

% 22.01.2019 IA No. 886/2019

1. This application is filed to grant to the plaintiffs three more weeks' time to comply with the directions (ii) and (iii) of the order dated 16.11.2018.

2. This court had passed the directions vide order dated 16.11.2018 whereby this court allowed the interim order to continue subject to the plaintiffs carrying on acts as stated therein within six weeks from that date. In appeal, the Division Bench has stayed the implementation of the directions No. (i) and (iv). Present application pertains to directions No. (ii) and (iii) which read as follows:-

"(ii) The plaintiff will ensure resolution of the Board of Directors of the companies vested in Dinesh Gupta Group be given in favour of Mr.Rajesh Gupta to contest/pursue the case of actionable claims pertaining to the said companies/actionable claims have been given to the Rajesh Gupta Group. This is subject to further orders the court may pass.

(iii) Plaintiff will also pass resolution of the Board of Directors in favour of Rajesh Gupta of Companies which have fallen to his share for the purpose of pursuing litigation with respect to immovable properties which are vested in the Rajesh Gupta Group. This is subject to further orders that the court may pass."

3. Learned senior counsel for the plaintiffs has pointed out that the necessary resolutions as per the directions of this court dated 16.11.2018 have been passed and are annexed to the present application.

4. Learned senior counsel for the defendants however submits that the resolutions are not as per the terms of the family settlement and the directions of this court. He also submits that these resolutions do not permit the defendant to realise for his own-self the actionable claims pursuant to the legal proceedings that may be initiated/completed. Learned counsel for the defendant further states that as of today, in view of the observations made by this court in para 47 of the order dated 16.11.2018, the suit itself is not maintainable.

5. Learned senior counsel for the plaintiffs however has pointed out that the as far as the direction (iv) is concerned, the Division Bench has passed the interim order restraining applicability of the said directions and to that extent, the defendant cannot utilise the proceeds recovered from the actionable claim in view of the Division Bench's order.

6. Given the nature of the dispute and the fact that the plaintiffs had filed an appeal before the Division Bench on account of which some time lapsed, the delay in passing of the resolutions is condoned. However, the issue as to whether the resolutions suffer from any infirmity will be gone into if necessary after the appeal is disposed of.

7. The application stands disposed of.

For the reasons stated the application, the delay is condoned. The application stands disposed of.

CS(OS) 51/2018 List all pending application on 26.04.2019.

JAYANT NATH, J JANUARY 22, 2019 rb