- (1.) DEVELOPMENTS: Both the plaintiffs stand dissolved by operation of law. The first plaintiff (SWC) was dissolved on 7 th September, 2009 by an order of this Court. It was made in connection with a scheme application under the Companies Act, 1956. The second plaintiff (SWDL) stood similarly dissolved in September 2006 by orders of the Karnataka and Bombay High Courts. Another company, United Spirits Limited wants to continue this suit in place of the plaintiffs. They seek certain amendments to the existing plaint. They also want some interim orders in the suit. Mr. Kishore Rajaram Chhabria, the first defendant and the sixth defendant (BDA), a company BKC Enterprises Private Ltd. (BKC) and Allied Blenders and Distilleries Private Limited (Allied) unitedly opposed the prayers. They are collectively described as "the defendants".
(2.) At one point of time SWC was a giant company dealing in spirits. It had a long chain of subsidiaries, large undertakings, a big market, reputation and so on. Cruickshank & Company Ltd. (CCL) was a wholly owned subsidiary of SWC. A company Parganas Investments Ltd. (PIL) was a subsidiary of CCL. PIL held the controlling number of shares in another company, Arunava Investments Ltd. (AIL). Thus, AIL was or was always believed to be a subsidiary of SWC. In any event SWC, AIL, CCL and PIL were part of a chain of holding and subsidiary companies or group companies of which the flagship was SWC. The sixth defendant (BDA) was incorporated on 25 th February, 1986 as a private company limited by shares. AIL acquired the entire paid up share capital of BDA. These were 25,000 equity shares of Rs. 10/- each. Therefore, BDA was also added to the chain, in or about 1988. The name of the CCL was changed to SWDL.
(3.) Manohar Rajaram Chhabria had taken control of SWC in 1987. His brother is Mr. Kishore Rajaram Chhabria. It is said that Manohar Rajaram Chhabria brought up Kishore. The latter was elected as a director of SWC at its general meeting held on 27 th March, 1987.;