MANISH MOHAN SHARMA Vs. RAM BAHADUR THAKUR LTD
LAWS(SC)-2006-3-84
SUPREME COURT OF INDIA
Decided on March 21,2006

MANISH MOHAN SHARMA Appellant
VERSUS
RAM BAHADUR THAKUR LTD. Respondents


Referred Judgements :-

KALE V. DEPUTY DIRECTOR OF CONSOLIDATION [REFERRED TO]
CHARLES HUBERT KINCH V. EDWARD KEITH WALCOTT AND ORS. [REFERRED TO]
TOPANMAL CHHOTAMAL VS. KUNDOMAL GANGARAM [REFERRED TO]
HIRA LALPATNI VS. KALI NATH [REFERRED TO]
G F ANGADI VS. Y S HIRANNAYYA [REFERRED TO]
SUNDER DASS VS. RAM PRAKASH [REFERRED TO]
RAFIQUE BIBI VS. SAYED WALIUDDIN [REFERRED TO]
AMTESHWAR ANAND VS. VIRENDER MOHAN SINGH [REFERRED TO]
LYALLPUR BANK LTD VS. RAMJI DAS (DECEASED) THROUGH HIS SONS [REFERRED TO]



Cited Judgements :-

CE CONSTRUCTION LTD VS. DURGA BUILDERS PVT LTD [LAWS(DLH)-2007-5-184] [REFERRED TO]
RAJENDRA SINGH RAGHAV VS. RAJA KHAGENDRA PRATAP SHAHI [LAWS(ALL)-2007-11-102] [REFERRED TO]
ZAHEDA BEGAM VS. LAL AHMED KHAN [LAWS(APH)-2009-8-71] [REFERRED TO]
EXPRESS PUBLICATION MADURAI LTD VS. INDIA MEDIA SERVICES PVT LTD [LAWS(CAL)-2009-12-5] [REFERRED TO]
SUGAVANESWARA SPINING MILLS LIMITED BELUR MAIN ROAD VS. ARUNACHALAM [LAWS(MAD)-2008-4-62] [REFERRED TO]
SILVESTER D SOUZA VS. LUIS ANTONIO JOSE SARTO PIRES [LAWS(BOM)-2009-9-67] [REFERRED TO]
KANNAN,P.V.(DR.) VS. MEENAKSHI [LAWS(KER)-2013-3-196] [REFERRED TO]
D. RAMKISHORE VS. VIJAYAWADA SHARE BROKERS LTD. [LAWS(APH)-2008-3-61] [REFERRED TO]
DEEPAK LOHIA VS. KAMRUP DEVELOPERS P. LTD. [LAWS(GAU)-2010-5-55] [REFERRED TO]
Somashekara Rao S/o. late U. Gopalakrishna Rao and U.B. Krishnaraj Rao S/o. U.B. Rama Rao VS. The Canara Land Investment Ltd., A Company Registered under the Indian Companies Act 1956 Having its Registered Office at D.No. 16/341, Tile Factory Ro [LAWS(KAR)-2011-1-284] [REFERRED TO]
RAMANI RAMASWAMY AND ANOTHER VS. SREI VENTURE CAPITAL LTD. AND OTHERS [LAWS(MAD)-2010-2-725] [REFERRED TO]
ANAND SINGH AND ORS. VS. UMESH SINGH AND ORS. [LAWS(ALL)-2015-3-193] [REFERRED TO]
C. MOHAN RAM VS. VENTURE EAST PROACTIVE FUND LLC AND ORS. [LAWS(MAD)-2015-8-149] [REFERRED TO]
JAIDEEP SETH VS. URMILA SETH AND ORS. [LAWS(DLH)-2015-12-78] [REFERRED TO]
VINAY RAI VS. ANIL RAI [LAWS(DLH)-2010-8-160] [REFERRED TO]
VENTURE INDIA PROPERTIES P LTD VS. CAPT MANMOHAN SINGH KOHLI [LAWS(DLH)-2011-3-261] [REFERRED TO]
IFCI LTD VS. TFCI LTD [LAWS(DLH)-2011-5-40] [REFERRED TO]
RAM GOPAL VS. RAM CHARAN AGGARWAL [LAWS(DLH)-2012-8-15] [REFERRED TO]
SOMASHEKARA RAO HIRIADKA VS. CANARA LAND INVESTMENT LTD MANIPAL UDUPI DISTRICT [LAWS(KAR)-2011-1-29] [REFERRED TO]
MIRTHUBASINI VS. EASWARAMURTHY [LAWS(MAD)-2011-8-264] [REFERRED TO]
LAKSHMI MOHAN VS. AIRTECH PROJECTS ENGINEERS PVT. LTD [LAWS(MAD)-2013-3-90] [REFERRED TO]
M.S.D.CHANDRASEKAR RAJA VS. M/S. JAYABHARATH TEXTILES PVT. LTD [LAWS(MAD)-2013-11-8] [REFERRED TO]
K. BALASUNDARAM VS. G.K. ALLOY STEELS P. LTD. [LAWS(CL)-2011-6-1] [REFERRED TO]
K. BALASUNDARAM VS. G.K. ALLOY STEELS P. LTD. [LAWS(CL)-2011-6-1] [REFERRED TO]
PUNEET MALHOTRA VS. WEIKFIELD PRODUCTS CO. INDIA (P.) LTD. [LAWS(CL)-2013-5-6] [REFERRED TO]
JIWAN MEHTA VS. EMMBROS METAL PVT. LTD. AND ORS. [LAWS(HPH)-2010-1-101] [REFERRED TO]
SHRI MUKESH KAPIL VS. SHRI PARAG P TRIPATHI & ORS [LAWS(DLH)-2016-9-1] [REFERRED TO]
ESQUIRE ELECTRONICS VS. NETHERLANDS INDIA COMMUNICATIONS ENTERPRISES LTD [LAWS(NCLT)-2016-10-9] [REFERRED TO]
PRAVEEN SHANKARALAYAM VS. ELAN PROFESSIONAL APPLIANCES PVT LTD- &ORS [LAWS(NCLT)-2016-10-21] [REFERRED TO]
RAKESH SHIVHARE AND ORS VS. SOBHAGYA HOSPITAL AND RESEARCH CENTRE P LTD AND ORS [LAWS(NCLT)-2017-3-8] [REFERRED TO]
SANTOSH RACHNA AND ORS VS. NEW SURAJ TRANSPORT CO PVT LTD AND ORS [LAWS(NCLT)-2017-2-14] [REFERRED TO]
ANITHAKEDIA VS. SHRUTI AGRO FARMS LIMITED AND ORS [LAWS(NCLT)-2017-11-384] [REFERRED TO]
MAMTA DHAWAN VS. NARESH DHAWAN [LAWS(DLH)-2017-10-254] [REFERRED TO]
OM PRAKASH BHARDWAJ VS. NITYANAND BHARADWAJ [LAWS(DLH)-2019-7-89] [REFERRED TO]
RATTAN CHAND (DECEASED) VS. RISHI KESH [LAWS(HPH)-2019-8-103] [REFERRED TO]
PAWAN KUMAR ARYA VS. RAVI KUMAR ARYA [LAWS(SC)-2020-3-11] [REFERRED TO]
MANJU GUPTA VS. VILAS GUPTA [LAWS(DLH)-2021-1-125] [REFERRED TO]
RAPID METRORAIL GURGAON LIMITED VS. HARYANA MASS RAPID TRANSPORT CORPORATION LIMITED [LAWS(SC)-2021-3-76] [REFERRED TO]
VASANTHA MILLS LIMITED, CHERAN TOWERS VS. NANDAKUMAR ATHAPPAN [LAWS(MAD)-2021-5-20] [REFERRED TO]


JUDGEMENT

- (1.)Ram Bahadur Thakur Ltd. , the respondent no. 1 was founded by Chatur Bhuj sharma and Madan Mohan Sharma. They were first cousins, their fathers being brothers. The shareholding of the two cousins in the respondent no. 1 was equal. Since 1992, disputes arose between the two groups, who are referred to respectively as the CBS Group and the MMS Group. The mms Group is in appeal before us and the cbs Group is represented by the respondents no. 2 to 4. The disputes related primarily to the management of the various companies owned by the family including and in particular the respondent no. 1.
(2.)In 1996 the MMS Group filed a company petition (No. 56 of 1996) before the Company Law Board, new Delhi under the provisions of Sections 397 and 398 of the Companies Act, 1956, complaining inter alia of having been ousted from management of the companies and seeking a role in such management. Various interim orders were passed. On 9th January, 1997, the Company Law Board removed the respondent no. 2 as Chairman and Managing Director of the company and appointed a retired judge, Justice A. N. Varma as the Chairman of the company. In 1998, pursuant to another interim order passed by the Company law Board, the MMS Group was put in joint management of the company.
(3.)The creditors of the companies including the company's bankers, namely syndicate Bank initiated proceedings against the company inter alia for recovery of outstanding dues. The matter was ultimately resolved between the parties with the persuasion of the Company Law Board and praiseworthy efforts of the Chairman, Justice A. N. Varma. The terms of the family settlement were set down in a Memorandum of Family Arrangement and Transfer Document.


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