RAMESH B DESAI Vs. BIPIN VADILAL MEHTA
LAWS(SC)-2006-7-107
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on July 11,2006

RAMESH B.DESAI Appellant
VERSUS
BIPIN VADILAL MEHTA Respondents





Cited Judgements :-

DINESH PARMAR AND ORS. VS. USHA SHARMA AND ORS. [LAWS(RAJ)-2015-8-19] [REFERRED TO]
MOHD MUNNER VS. MOHAMMED SALAR ABBAS [LAWS(KAR)-2013-2-193] [REFERRED TO]
MICHAEL ZIMIK VS. NGATHINKHUI SHINGNAISUI [LAWS(MANIP)-2022-5-5] [REFERRED TO]
LAXMIDHAR JAGDEV VS. SURESH KUMAR SAHOO AND ANR. [LAWS(ORI)-2008-11-74] [REFERRED TO]
RAM PEYARE MAHTO VS. RAM SOGARATH PASWAN [LAWS(PAT)-2023-4-43] [REFERRED TO]
R. LALHMINGLIANA VS. LALNUNPARI [LAWS(GAU)-2013-6-64] [REFERRED TO]
CANDID DRUG DISTRIBUTORS VS. WANBURY LTD [LAWS(GAU)-2011-2-28] [REFERRED TO]
MOHINDER SINGH VS. GURAANSH SAINI AND ORS. [LAWS(P&H)-2014-11-178] [REFERRED TO]
SHAHEED MEMORIAL SOCIETY (REGD) VS. PROMILA KISHORE [LAWS(DLH)-2020-10-60] [REFERRED TO]
MUKESH KESHAVLAL PATEL VS. NATWARLAL SAVABHAI PRAJAPATI [LAWS(GJH)-2016-10-87] [REFERRED TO]
EDWARD KEVENTER PRIVATE LIMITED VS. ATANU BANERJEE AND OTHERS [LAWS(CAL)-2018-10-45] [REFERRED TO]
SUBH KARAN SHARMA @ RIDH KARAN SHARMA AND ANOTHER VS. ISWAR LAKSHMI NARAYAN JEW AND ISWAR CHANDI THAKURANI [LAWS(CAL)-2019-9-15] [REFERRED TO]
HAPPY MASSCOMM PVT. LTD. & ANR. VS. ATCO MANAGEMENT PVT. LTD. & ORS. [LAWS(CAL)-2016-11-43] [REFERRED TO]
DAS ORGANOCHEM PVT. LTD. VS. CALCUTTA BONE MILLS AND FERTILISERS PVT. LTD. [LAWS(CAL)-2015-3-25] [REFERRED TO]
ANIL SINGH VS. M L AHUJA [LAWS(DLH)-2010-2-196] [REFERRED TO]
TULIP HOTELS PVT. LTD. AND ORS. VS. TRADE WINGS LTD. AND ORS. [LAWS(BOM)-2015-1-346] [REFERRED TO]
GOOGLE INC VS. COMPETITION COMMISSION OF INDIA [LAWS(DLH)-2015-4-189] [REFERRED TO]
STATE OF U.P. THRU PRIN. SECY. HOME (PRISONS)GOVT. OF UP AND OTHERS VS. SHAILENDRA KUMAR MAITREYA AND ANOTHER [LAWS(ALL)-2018-9-120] [REFERRED TO]
MRS MEENA TEVARY VS. JUGAL KISHORE RATNU [LAWS(DLH)-2013-9-178] [REFERRED TO]
YAHOO PROPERTIES PVT. LTD VS. BHAI MANJIT SINGH [LAWS(DLH)-2012-11-213] [REFERRED TO]
SURESH NANDA VS. DEVIKA MEHTA & ANR [LAWS(DLH)-2018-7-147] [REFERRED TO]
VISHAL BARDHAN JAYASWAL & ANOTHER VS. SAMAR SINGH JAYASWAL [LAWS(CAL)-2011-4-150] [REFERRED]
LALCHAND SHA VS. KALABATI DEVI [LAWS(GAU)-2007-11-13] [REFERRED TO]
KANHAIYALAL VS. LAJWANTI DEVI [LAWS(CHH)-2008-2-30] [REFERRED TO]
SAJANBIR SINGH ANAND AND ORS VS. RAMINDER KAUR ANAND AND ORS [LAWS(BOM)-2018-5-60] [REFERRED TO]
IN RE : FOR REDUCTION OF SHARE CAPITAL OF RAYBAN SUN OPTICS INDIA LTD. VS. STATE [LAWS(RAJ)-2013-8-145] [REFERRED TO]
BHARPUR SINGH VS. KULDEEP SINGH [LAWS(P&H)-2019-4-231] [REFERRED TO]
VIJAY SINGH MARWAHA VS. SHASHI KAMRA [LAWS(P&H)-2023-2-191] [REFERRED TO]
ECOLOGIQUE PETRO CHEMICALS PVT. LTD. VS. RESEARCH CENTER FOR FUEL GENERATION [LAWS(TLNG)-2019-7-41] [REFERRED TO]
INTERBULK TRADING SA VS. ADAM AND COAL RESOURCES PVT LTD [LAWS(MAD)-2014-6-342] [REFERRED TO]
MANGAT RAM VS. RAM NIWAS [LAWS(DLH)-2009-9-246] [REFERRED TO]
RAJAN DHANSUKHLAL VORA VS. DINESH BACCHUBHAI PAREKH [LAWS(BOM)-2011-10-80] [REFERRED TO]
ORGANON INDIA LIMITED VS. STATE [LAWS(BOM)-2010-6-133] [REFERRED TO]
LAXMIBEN JERAMBHAI VS. BHARATKUMAR HIRALAL UMARVANSHI [LAWS(GJH)-2018-12-90] [REFERRED TO]
SHREEMAT PANDEY VS. G B JAIN & SONS & ORS [LAWS(RAJ)-2015-10-160] [REFERRED]
K C LATH AND ANOTHER VS. J K JAIN AND OTHERS [LAWS(P&H)-2013-10-643] [REFERRED]
PREM KISHAN VS. HARYANA STATE AND ORS. [LAWS(P&H)-2009-10-113] [REFERRED TO]
A.V. VIMALKUMAR VS. RAHMATH ABDUL RAHIMAN [LAWS(KER)-2024-1-67] [REFERRED TO]
MANDA ASHOK SONUNE VS. ADDITIONAL COMMISSIONER [LAWS(BOM)-2018-3-55] [REFERRED TO]
K V KOHLI VS. STATE [LAWS(DLH)-2012-7-280] [REFERRED TO]
PASCOAL JOSE VAZ VS. ARNALDO DAVID VAZ E SOUSA [LAWS(BOM)-2023-1-69] [REFERRED TO]
KAJAL GOEL PROP. M/S KAJALGOEL CANDLE FACTORY VS. STATE BANK OF INDIA [LAWS(ALL)-2019-8-348] [REFERRED TO]
NARAYAN SINGH VS. RATAN LAL [LAWS(ALL)-2022-7-74] [REFERRED TO]
LINK ENGINEERS PVT LTD VS. POWER MACHINES (INDIA) LTD [LAWS(DLH)-2018-1-267] [REFERRED TO]
SHIPRA GHOSE ALIAS SHIPRA GHOSE JAIN VS. BHARAT PETROLEUM CORPORATION LIMITED [LAWS(CAL)-2010-5-89] [REFERRED TO]
RAMESH KUMAR KEJRIWAL VS. MAHESH KUMAR KEJRIWAL [LAWS(CAL)-2013-3-19] [REFERRED TO]
SMITHKLINE BEECHAM CONSUMER HEALTHCARE LTD VS. MANJU GOLCHA [LAWS(CAL)-2012-6-81] [REFERRED TO]
ITC LIMITED VS. CHOWRINGHEE RESIDENCY PRIVATE LIMITED [LAWS(CAL)-2014-9-2] [REFERRED TO]
SHITLA PRASAD VS. BANWARI [LAWS(ALL)-2013-10-169] [REFERRED TO]
SHITLA PRASAD VS. BANWARI [LAWS(ALL)-2013-10-169] [REFERRED TO]
MAQBOOL AHMAD KHAN VS. BHAMA DEVI [LAWS(ALL)-2013-5-235] [REFERRED TO]
SANJAY JAIN @ SANJAY KUMAR JAIN VS. ANIL KUMAR SHARMA [LAWS(ALL)-2014-7-137] [REFERRED TO]
CANDID DRUG DISTRIBUTORS VS. WANBURY LTD. [LAWS(GAU)-2011-2-86] [REFERRED TO]
MAHANADI COALFIELDS LTD VS. SHYAM METALLICS AND ENERGY LTD [LAWS(CAL)-2011-9-108] [REFERRED TO]
EXCEL DEALCOMM PRIVATE LIMITED VS. ASSET RECONSTRUCTION COMPANY INDIA LTD [LAWS(CAL)-2011-12-69] [REFERRED TO]
AUROMA COKE LIMITED VS. STEEL AUTHORITY OF INDIA [LAWS(CAL)-2007-3-12] [REFERRED TO]
HANSA PLACE ART FURNITURES PRIVATE LTD VS. DILIP KUMAR SHARMA [LAWS(DLH)-2019-2-367] [REFERRED TO]
H C SACHDEVA & ORS VS. VED PRAKASH [LAWS(DLH)-2018-1-548] [REFERRED TO]
T VENKATAPADMAVATHAMMA VS. TIRUMALA TIRUPATHI DEVASTHANAMS REP. BY ITS EXECUTIVE OFFICER [LAWS(APH)-2011-11-51] [REFERRED TO]
GOVIND PRASAD PANDEY VS. SANDEEP TIWARI [LAWS(CHH)-2018-1-12] [REFERRED TO]
SURJIT BEHL VS. JASPAL KAUR BHATIA [LAWS(CHH)-2022-3-44] [REFERRED TO]
ALKA GARG VS. SANJAY KARIR AND ORS. [LAWS(DLH)-2016-1-202] [REFERRED TO]
AJAY BATRA VS. Y P BATRA [LAWS(DLH)-2012-7-103] [REFERRED TO]
SAI DEVELOPERS VS. NAKULAN S PANNIKAR [LAWS(GJH)-2011-3-192] [REFERRED TO]
MUNICIPAL CORPORATION OF AHMEDABAD VS. ARVIND JAYANTILAL TALATI [LAWS(GJH)-2008-10-192] [REFERRED TO]
SAURABH KALANI VS. STRESSED ASSET STABILISATION FUND [LAWS(ALL)-2024-2-25] [REFERRED TO]
TULIP HOTELS PVT LTD VS. TRADE WINGS LTD AND ORS [LAWS(BOM)-2015-10-239] [REFERRED]
SUSHIL BHASIN VS. SUNDEEP GUPTA [LAWS(DLH)-2007-10-125] [REFERRED TO]
JAGDAMBA INDUSTRIES VS. KRISHAN PRATAP [LAWS(DLH)-2011-1-206] [REFERRRED TO]
IN RE: JHALANI TOOLS (INDIA) LTD. VS. MORGAN VENTURES LTD. [LAWS(DLH)-2009-5-434] [REFERRED TO]
GULSHAN KUMAR ANAND VS. STATE [LAWS(DLH)-2011-5-209] [REFERRED TO]
RAJA UDYOG PVT. LTD. VS. RAJA FOOD INDUSTRIES [LAWS(CAL)-2016-1-37] [REFERRED TO]
PRAKASH PLY CENTRE PRIVATE LIMITED VS. MINOO H.HIRAMANIK [LAWS(CAL)-2013-9-21] [REFERRED TO]
NANDALAL RATHI VS. KAMALALAYA CENTRE SHOPS & OFFICE OWNERS ASSOCIATION [LAWS(CAL)-2014-3-21] [REFERRED TO]
ANGELO BROTHERS LTD. VS. BENNETT, COLEMAN & CO. LTD. [LAWS(CAL)-2017-5-23] [REFERRED TO]
IFFCO TOKIO GENERAL INSURANCE CO LTD VS. GUJARAT NARMADA VALLEY FATERLIZERS CO LTD [LAWS(GJH)-2015-12-209] [REFERRED]
NIRAMAYIBEN WD/O BIPINBHAI V MEHTA VS. RAMESH B DESAI [LAWS(GJH)-2015-3-145] [REFERRED TO]
VIMAL G JAIN VS. VERTEX FINANCIAL SERVICES PVT LTD [LAWS(BOM)-2007-2-108] [REFERRED TO]
ORIENTAL BANK OF COMMERECE VS. SIR KIKABHAI PREMCHAND TRUST [LAWS(BOM)-2008-3-133] [REFERRED TO]
SHASTRA PROPERTIES P. LTD. VS. HOMI FRAMROZ PATRAWALA [LAWS(CL)-2010-3-2] [REFERRED TO]
DILIP MODU TIMBLO VS. SOCIEDADE DE FOMENTO INDUSTRIES (P.) LTD. [LAWS(CL)-2012-12-4] [REFERRED TO]
ORISSA SPONGE IRON & STEEL LTD. AND ORS. VS. BHUSHAN ENERGY LTD. AND ORS. [LAWS(ORI)-2011-2-50] [REFERRED TO]
K. SWARNALATHA VS. KARNATAKA STATE INDUSTRIAL INVESTMENT AND DEVELOPMENT CORPORATION LTD. [LAWS(KAR)-2015-11-335] [REFERRED TO]
V. BIJU VS. KALYANI PILLAI [LAWS(KER)-2022-7-371] [REFERRED TO]
NIRMAL GILL VS. RATTAN SINGH [LAWS(P&H)-2019-5-163] [REFERRED TO]
NUSLI NEVILLE WADIA VS. IVORY PROPERTIES [LAWS(SC)-2019-10-22] [REFERRED TO]
SHASHI BHUSHAN VS. SMT. DR. MEENA JAIN [LAWS(UTN)-2016-1-15] [REFERRED]
MALLAMMA VS. CHANNEGOWDA [LAWS(KAR)-2008-11-28] [REFERRED TO]
ABDULLA VS. ISMALUTTY MASTER [LAWS(KER)-2017-7-327] [REFERRED TO]
RAJBALA VS. RAM DEI AND OTHERS [LAWS(P&H)-2017-5-185] [REFERRED TO]
SATTI PARADESI SAMADHI VS. M. SANKUNTALA [LAWS(SC)-2014-7-50] [REFERRED TO]
MEWARAM R SHAH VS. BHAWAR LAL [LAWS(KAR)-2013-4-77] [REFERRED TO]
N. RAMACHANDRAN VS. E. VARADARAJAN [LAWS(MAD)-2014-2-87] [REFERRED TO]
N.RENUKA DEVI VS. E.LALITHA [LAWS(MAD)-2016-3-243] [REFERRED TO]
S.N.S.SUKUMARAN VS. C.THANGAMUTHU [LAWS(MAD)-2012-9-160] [REFERRED TO]
AMARAVATHY VS. RAJENDRA RAJA [LAWS(MAD)-2013-2-168] [REFERRED TO]
GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION (GIDC) LTD VS. GRAPHITE INDIA LTD. [LAWS(GJH)-2023-4-2160] [REFERRED TO]
SAVITABEN AMBALAL DESAI TRUST VS. MADHUSUDAN THAKORDAS TIJORIWALA NOW DECD AND DELETED [LAWS(GJH)-2023-5-229] [REFERRED TO]
JAMAN SHAMJI FADADU VS. SADIK MAHMAD SIDIK [LAWS(GJH)-2023-1-1965] [REFERRED TO]
ATMA RAM PROPERTIES (P) LTD VS. DELHI TRANSPORT CORPORATION [LAWS(DLH)-2013-9-471] [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. HARCHARAN DASS GUPTA [LAWS(DLH)-2012-9-597] [REFERRED]
VIJAY SEHRAWAT VS. D.D.A. [LAWS(DLH)-2012-3-738] [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. HARCHARAN DASS GUPTA [LAWS(DLH)-2012-10-10] [REFERRED TO]
SATPUDA TAPI PARISAR SAHAKARI SAKHAR KARKHANA LTD VS. JAGRUTI INDUSTRIES [LAWS(BOM)-2008-3-105] [REFERRED TO]
WRITERS FOOD PRODUCTS PVT LTD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-7-15] [REFERRED TO]
CHANDRAMA SINGH ALIAS NATHUNI SINGH VS. REGISTRAR CIVIL COURT [LAWS(PAT)-2012-7-75] [REFERRED TO]
S.N.BALAPATTABI VS. BALANAGALAKSHMI [LAWS(MAD)-2017-8-82] [REFERRED TO]
MAGMA FINCORP LTD VS. AHK EARTH MOVERS AND FINANCIAL SERVICES [LAWS(CAL)-2011-3-12] [REFERRED TO]
HARCHARAN SINGH HAZOORIA VS. KULWANT SINGH HAZOORIA [LAWS(DLH)-2021-10-29] [REFERRED TO]
UNION OF INDIA VS. ANUPAM RANI & ANOTHER [LAWS(ALL)-2013-8-256] [REFERRED]
DHANUSDHARI YADAV VS. BUDHSAI [LAWS(CHH)-2023-2-81] [REFERRED TO]
SH. ANIL KUMAR SANGHI AND ANR. VS. SH. HARI KISHAN SANGHI AND ORS. [LAWS(DLH)-2010-9-411] [REFERRED TO]
BHAGWAN GUPTA VS. RAM KISHORE [LAWS(DLH)-2009-7-265] [REFERRED TO]
SWARN SINGH VS. SURINDER KUMAR [LAWS(DLH)-2010-12-290] [REFERRED TO]
CHUGH KATHURIA ENGINEERS P LTD VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2011-6-30] [REFERRED TO]
KHIMJI MAVJI KUNVARJI VARSANI VS. HARJI MAVJI KUNVARJI RAMJI VARSANI [LAWS(GJH)-2021-10-669] [REFERRED TO]
AUDUTH MODU TIMBLO AND ORS. VS. DILIP MODU TIMBLO AND ORS. [LAWS(BOM)-2015-8-172] [REFERRED TO]
NILKANTA PRADHAN AND ORS. VS. SRIMATYA GITA PRADHAN AND ORS. [LAWS(CAL)-2015-6-1] [REFERRED TO]
DWARKADHISHJI TEMPLES JAGIR TRUST VS. BAKALI FATMABAI IBRAHIM [LAWS(GJH)-2013-7-653] [REFERRED TO]
GUJARAT STATE ROAD TRANSPORT CORPORATION VS. JASHUBHA ARJUNSINH VANCHHANI [LAWS(GJH)-2008-2-363] [REFERRED TO]
LAKHAN MUSAFIR AND ORS. VS. SARDAR SAROVAR NARMADA NIGAM LIMITED AND ORS. [LAWS(NGT)-2015-9-2] [REFERRED TO]
MUNEER SAIT VS. VILANGHAT XAVIER JOSE [LAWS(KAR)-2014-10-173] [REFERRED TO]
OSWAL AGRO FURANE WORKERS UNION THROUGH PRESIDENT VS. OSWAL AGRO FURANE LTD [LAWS(P&H)-2009-2-107] [REFERRED TO]
INGERSOLL RAND INDIA LTD VS. NARAYAN M SENDULKAR [LAWS(GJH)-2007-4-27] [REFERRED TO]
ARUN KUMAR BRAHMIN VS. MAANWATI [LAWS(MPH)-2018-11-147] [REFERRED TO]
STATE OF JHARKHAND, THROUGH COMMISSIONER & SECRETARY VS. SUTLEJ CONSTRUCTION LIMITED THROUGH ITS CHAIRMAN [LAWS(JHAR)-2018-10-43] [REFERRED TO]
POST GRADUATE INSTITUTE OF MEDICAL EDUCATION & RESEARCH AND ORS. VS. VEENA BHUTANI SETHI [LAWS(NCD)-2015-5-192] [REFERRED TO]
ABID HUSSAIN KHAN & OTHERS VS. JASPAL SINGH & OTHER [LAWS(UTN)-2013-1-58] [REFERRED TO]
MAHESHWARI PRASAD SINGH VS. STATE OF BIHAR [LAWS(PAT)-2016-10-154] [REFERRED TO]
SARANPAL KAUR ANAND VS. PRADUMAN SINGH CHANDHOK [LAWS(SC)-2022-3-141] [REFERRED TO]
FATIMA & ANR. VS. MUKHTAR AHMAD BHAT & ORS. [LAWS(J&K)-2015-10-13] [REFERRED TO]
PREM KUMAR RASTOGI VS. ON-UP AUTOMOBILES PVT. LTD. [LAWS(ALL)-2019-2-201] [REFERRED TO]
IN MATTER OF KAJAL GOEL VS. STATE BANK OF INDIA [LAWS(ALL)-2019-8-283] [REFERRED TO]
YUDHISHTHIR SINGH AND ORS. VS. ADDITIONAL DISTRICT JUDGE/SPECIAL JUDGE AND ORS. [LAWS(ALL)-2015-8-58] [REFERRED TO]
ELPRO INTERNATIONAL LTD. VS. STATE [LAWS(BOM)-2007-6-244] [REFERRED TO]
MAHENDER VS. GOVT. OF NCT OF DELHI AND ORS. [LAWS(DLH)-2020-2-175] [REFERRED TO]
APSARA CO-OPERATIVE HOUSING SOCIETY LTD. VS. COLLECTOR (U L C ) GRETER MUMBAI [LAWS(BOM)-2020-1-360] [REFERRED TO]
RAISHI S. CHHEDA VS. DHIRAJLAL R [LAWS(BOM)-2020-3-308] [REFERRED TO]
SUBHIKSHA TRADING SERVICES LTD VS. AZIM PREMJI [LAWS(BOM)-2015-5-72] [REFERRED TO]
RAMBHAU G KPSHIRE VS. SARDARSHINGH R TURE [LAWS(BOM)-2013-6-129] [REFERRED TO]
RAM GOPAL PATWARI VS. PATWARI EXPORTS P. LTD. [LAWS(CL)-2010-5-10] [REFERRED TO]
SANAT KHATWANI VS. MUNNI LAL SENDE [LAWS(CHH)-2024-2-20] [REFERRED TO]
M/S. V.B.M. ESTATES PVT. LTD. & ANR. VS. SIRI BHAGWAN [LAWS(DLH)-2016-10-168] [REFERRED TO]
RAJ KISHAN AND COMPANY VS. NATIONAL THERMAL POWER CORPORATION LTD [LAWS(DLH)-2012-3-68] [REFERRED TO]
SUNITA RANI NATH VS. PABITRA KUMAR NATH [LAWS(GAU)-2007-1-7] [REFERRED TO]
SUNITA RANI NATH VS. PABITRA KUMAR NATH [LAWS(GAU)-2007-1-7] [REFERRED TO]
IN RE : AUROBINDO PHARMA LTD VS. STATE [LAWS(APH)-2009-12-117] [REFERRED TO]
MASARATH JAHAN BEGUM VS. MASOOD HASHIM ALI [LAWS(APH)-2010-10-85] [REFERRED TO]
FUTURE BUILDERS CO OPERATIVE HOUSING SOCIETY SECUNDERBAD VS. S MALLA REDDY [LAWS(APH)-2007-12-68] [REFERRED TO]
VIKRAM SINGH VS. AJIT INDER SINGH [LAWS(DLH)-2014-2-144] [REFERRED TO]
SANJAY VS. AJIT SINGH BAJAJ [LAWS(DLH)-2014-3-379] [REFERRED TO]
COVENTRY COIL-O-MATIC (HARYANA) LIMITED VS. ICICI BANK LIMITED [LAWS(P&H)-2009-2-106] [REFERRED TO]
NAVAL SINGH VS. RAGHUVEER SINGH AND ORS. [LAWS(RAJ)-2015-3-29] [REFERRED TO]
DINESH KUMAR SRIVASTAVA, SON OF LATE SHRI NARENDRA PRAKASH SRIVASTAVA VS. PRADEEP KUMAR, SON OF LATE SHRI SATYAPRAKASH SRIVASTAVA AND ANOTHER [LAWS(RAJ)-2017-7-150] [REFERRED TO]
M/S. SHRI UTTAM SOLVENT EXTRACTION P LTD. AND OTHERS VS. RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION LTD. (RIICO), JAIPUR [LAWS(RAJ)-2018-4-166] [REFERRED TO]
FORESHORE CO-OPERATIVE HOUSING SOCIETY LIMITED VS. PRAVEEN D DESAI [LAWS(SC)-2015-4-8] [REFERRED TO]
MUKESH AGHI VS. STERIA LTD. AND ORS. [LAWS(DLH)-2016-3-25] [REFERRED TO]
SARANPAL KAUR ANAND VS. PRADUMAN SINGH CHANDHOK & ORS [LAWS(DLH)-2016-4-145] [REFERRED TO]
ARUN KUMAR DESHMUKH VS. JHAMIT BAI [LAWS(CHH)-2009-9-30] [REFERRED TO]
SAMSUNNESSA VS. SHER KHAN [LAWS(CAL)-2009-3-90] [REFERRED TO]
EMCURE PHARMACEUTICALS LTD. VS. CIVIL JUDGE (SR.DIV), LUCKNOW & OTHERS [LAWS(ALL)-2012-8-308] [REFERRED TO]
INTERNATIONAL RECREATION PARKS PVT LTD VS. STATE OF U P [LAWS(ALL)-2013-9-81] [REFERRED TO]
FARIDDUIN VS. TAHIRA & 6 ORS [LAWS(ALL)-2014-9-523] [REFERRED TO]
AJJAPALLLI PAPAIREDDY VS. AJJAPALLI NARAYANAREDDY [LAWS(APH)-2013-10-99] [REFERRED TO]
SUSHMA SURI VS. MAHAMEDHA URBAN COOPERATIVE BANK LTD [LAWS(DLH)-2011-2-363] [REFERRED TO]
EMIRATES BANK INTERNATIONAL PJSC VS. VIJAY TALWAR [LAWS(DLH)-2009-11-424] [REFERRED]
IN RE: RECKITT BENCKISER (INDIA) LTD. VS. STATE [LAWS(DLH)-2011-10-159] [REFERRED TO]
DAYAGEN PVT LTD VS. RAJENDRA DORIAN PUNJ [LAWS(DLH)-2008-7-11] [REFERRED TO]
JAMMU AND KASHMIR BANK LTD VS. DIGVIJAY CEMENT [LAWS(DLH)-2008-7-249] [REFERRED TO]
KENSOFT INFOTECH LTD VS. R S KRISHNASWAMI [LAWS(DLH)-2007-1-131] [REFERRED TO]
ANNARAO S/O GOVINDRAO PATIL VS. AMIT S/O VILASRAO DESHMUKH [LAWS(BOM)-2016-7-138] [REFERRED TO]
ENGINEERS COMBINE VS. GOA STATE INFRASTRUCTURE DEVELOPMENT CORPORATION LTD [LAWS(BOM)-2010-6-169] [REFERRED TO]
Arathi Narayan D/o. Late Mr. M.D. Narayan W/o. Dr. Alok Choudhary VS. Mr. M.D. Balakrishna S/o. Late Mr. M.S. Dyavegowda and others [LAWS(KAR)-2009-8-102] [REFERRED TO]
LEELA AND OTHERS VS. VASU AND OTHERS [LAWS(KER)-2018-2-312] [REFERRED TO]
MAYILATHAL VS. KALIAPPAN [LAWS(MAD)-2014-12-188] [REFERRED TO]
UROOJ AHMED LORDS ENTERPRISES(INDIA) DELHI VS. PREETHI KITCHEN APPLIANCES PRIVATE LIMITED [LAWS(MAD)-2013-9-55] [REFERRED TO THE]
NEETA MITROO VS. DEEPAK SANT RAM & DEEPAK GUPTA [LAWS(DLH)-2023-9-69] [REFERRED TO]
ANIL ANEJA VS. RAJIV KUMAR & ORS [LAWS(DLH)-2018-4-176] [REFERRED TO]
HABIBBHAI YUSUFBHAI GUGARKHAN & 2 VS. PRAMODBHAI RAMBHAI PATEL [LAWS(GJH)-2015-11-189] [REFERRED]
PAWAN AGRAWAL VS. MANOHAR PATEL [LAWS(CHH)-2024-3-18] [REFERRED TO]
L H OF DECD. ALIBHAI KALUBHAI VS. L H OF LATE PAGI VAJA VITTAL [LAWS(GJH)-2023-10-59] [REFERRED TO]
PRAVESH MIGLANI VS. PUNAM ANAND KUMAR [LAWS(DLH)-2015-3-199] [REFERRED TO]
IN RE: M/S INDRAMA INVESTMENT PVT. LTD. VS. STATE [LAWS(DLH)-2012-6-47] [REFERRED TO]
GANGA PRASAD AND OTHERS VS. SIYABAI (SINCE DEAD) [LAWS(MPH)-2018-7-341] [REFERRED TO]
M.S. NAGAPPA VS. STUMPP SCHUELE AND SOMAPPA PRIVATE LIMITED [LAWS(KAR)-2023-7-225] [REFERRED TO]
BHARPUR SINGH VS. KULDEEP SINGH [LAWS(P&H)-2019-4-240] [REFERRED TO]
SATHYANATH VS. SAROJAMANI [LAWS(SC)-2022-5-27] [REFERRED TO]
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JUDGEMENT

G. P. Mathur, J. - (1.)This appeal, by special leave, has been preferred against the judgment and order dated 10.3.2000 of a Division Bench of High Court of Gujarat by which the appeal preferred against the order dated 12.3.1996 of the learned Company Judge, was dismissed and the order of the learned Company Judge dismissing the Company Petition No. 35 of 1988, was affirmed.
(2.)The appellants had filed the Company Petition No. 35 of 1988 for rectification of the register of the company M/s. Sayaji Industries Ltd. (hereinafter referred as to "the Company") as provided by Section 155 of the Companies Act. The respondent Nos. 1 and 2, viz., Bipin Vadilal Mehta and Priyam Bipinbhai Mehta moved Company Application No. 113 of 1995 before the learned Company Judge to dismiss the Company Petition No. 35 of 1988, without going into the merits of the petition, on the ground that the same is barred by limitation. This application was allowed by the learned Company Judge by the judgment and order dated 12.3.1996 and the said order was affirmed in appeal by a Division Bench of the High Court by the judgment and order dated 10.3.2000, which are subject-matter of challenge in the present appeal.
(3.)The Company Petition No. 35 of 1988 was filed by Ramesh B. Desai and 8 others, who are shareholders of the Company, which is a public limited company. The allegations made in the company petition are as follows. Vadilal Lallubhai Mehta was the Chairman and Managing Director of the Company. He had two sons, viz., Bipin Vadilal Mehta and Suhas Vadilal Mehta (for short "Bipinbhai and Suhasbhai") and four daughters, who are all married. The family owned several properties. Besides shares in the Company, there was HUF Trust and other private limited companies under control of the said family. A Memorandum of Understanding (MOU) was executed by the family members on 30.1.1982 and the main object thereof was to entrust the management of some of the companies to Bipinbhai and some to Suhasbhai. It was decided that the management of M/s. Sayaji Industries Ltd. and M/s. C.V. Mehta Private Ltd. was to be entrusted to Bipinbhai while other companies such as M/s. Industrial Machinery Manufacturers Pvt. Ltd., M/s. C. Doctor and Company Pvt. Ltd., M/s. Mehta Machinery Manufacturers Pvt. Ltd. and M/s. Oriental Corporation Pvt. Ltd., were to remain with Suhasbhai. Clause 10 of MOU provided that Bipinbhai should deposit Rs.40 lacs and odd with M/s. C.V. Mehta Pvt. Ltd. in order that the latter could pay back the debts which it owed to Suhasbhai and his family members and family concerns. This amount of Rs.40 lacs and odd was the consideration for getting the controlling interest and management of M/s. Sayaji Industries Ltd. and M/s. C.V. Mehta Pvt. Ltd. Though under the terms of the MOU the said amount of Rs.40 lacs and odd was to be paid by Bipinbhai immediately, but he could not do so as he could not arrange the necessary funds. The result of non-payment by Bipinbhai was that he could not get the control and management of M/s. Sayaji Industries Ltd. and M/s. C.V. Mehta Pvt. Ltd. in January, 1982 as was contemplated by the MOU dated 30.1.1982. A modified MOU was accordingly executed on 13.11.1982 whereunder it was provided that Bipinbhai would pay the entire amount in two instalments, one in the sum of Rs.20 lacs pursuant to which the control and management of M/s. Sayaji Industries Ltd. were to be transferred to him by making the transfer of 13,000 shares of the Company in his name and in the names of his family members. The balance amount of Rs.19 lacs and odd was to be deposited by Bipinbhai with M/s. C.V. Mehta Pvt. Ltd. within a period of 24 months from the date of the agreement. This was necessary as M/s. C.V. Mehta Pvt. Ltd. held 9,000 equity shares of M/s. Sayaji Industries Ltd. Acquisition and control of M/s. C.V. Mehta Pvt. Ltd. and thereby 9,000 equity shares of M/s. Sayaji Industries Ltd. would have been possible only after payment of the said amount. It is further averred in the company petition that Bipinbhai was not in a position to pay or deposit Rs.20 lacs without which he could not have got the controlling interest in M/s. Sayaji Industries Ltd. He, therefore, devised a scheme whereunder the Company, viz., M/s. Sayaji Industries Ltd. paid an amount of Rs.20 lacs by way of advance to M/s. Santosh Starch Products by means of three cheques of Rs.10 lacs and Rs.5 lacs (both dated 13.11.1982) and third cheque of Rs.5 lacs dated 25.11.1982, all drawn on Punjab National Bank, Maskati Market Branch, Ahmedabad. The said M/s. Santosh Starch Products paid an amount of Rs.20 lacs to Bipinbhai and his family by means of three cheques of Rs.7 lacs, 6 lacs and 7 lacs all dated 13.11.1982 and drawn on the same branch of Punjab National Bank. The aforesaid amount paid through cheques was deposited in the personal account of Bipinbhai and his family members on the same day. This whole amount of Rs.20 lacs was transferred to M/s. C.V. Mehta Pvt. Ltd. in order to get control of the company M/s. Sayaji Industries Ltd. as per the MOU. The specific case of the petitioners in the company petition is that the funds of the company amounting to Rs.20 lacs were utilized by Bipinbhai in paying the said amount to M/s. C.V. Mehta Pvt. Ltd. for the purpose of acquiring the shares of M/s. Sayaji Industries Ltd. and thereby he became the director of the said company. This camouflage was adopted only to ensure that the violation of Section 77 of the Companies Act, which provision imposes a restriction on a company to buy its own shares unless the consequent reduction of capital is effected and sanctioned in pursuance of Sections 100 to 104 or Section 402 of the Companies Act, would not be known. The aforesaid devise of payment of advance by the Company to M/s. Santosh Starch Products also violated Article 20 of the Articles of Association. Bipinbhai had thus devised a scheme whereunder funds of the company were directly used for the purpose of acquiring shares of the company and also that of M/s. C.V. Mehta Pvt. Ltd., which in turn was holding substantial shares of M/s. Sayaji Industries Ltd. The company had no knowledge of the devise adopted by Bipinbhai nor the company had authorized these transactions by passing any resolution of the Board and the Company never rectified the action of Bipinbhai. Bipinbhai was inducted in the management of the company on 18.11.1982 and payment of cheque by the Company to M/s. Santosh Starch Products on 25.11.1982 represented act of the Company itself and clearly showed that the funds of the company were being utilized in order to benefit Bipinbhai and his family members. The transactions whereunder shares of M/s. C.V. Mehta Pvt. Ltd. were acquired related to the period when Bipinbhai had been inducted in the management of the Company. The manner of acquiring the control of M/s. C.V. Mehta Pvt. Ltd. was violative of Section 77(2) of the Companies Act as it was only a devise for the ultimate control of shares of M/s. Sayaji Industries Ltd. It was also averred in the petition that Article 20 of the Articles of Association of the Company stipulates that "none of the funds of the company shall be employed in the purchase of shares of the company". The transaction devised by Bipinbhai in order to purchase the shares and get control of the company is also contrary to Article 20 of the Articles of Association of the Company and, therefore, it is void. It was further pleaded in the company petition that the petitioners could not detect the fraud earlier. They came to know about the same in detail in the month of May, 1987 when a criminal complaint was filed by some office bearers of the union of the Company before a criminal court at Narol. After making enquiries and collecting information the petitioner No. 1 gave a notice dated 14.6.1987 to the respondents to make rectification in the register of the Company. It was accordingly prayed in the Company Petition that directions may be issued to the respondents to rectify the register of the Company in accordance with Section 155 of the Companies Act and the names of Bipinbhai Vadilal Mehta, Smt. Nirmaiben Bipinbhai Mehta and Priyambhai Bipinbhai Mehta may be deleted from the register of the Company.


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