- (1.) The appellants are the plaintiffs before the learned Single Judge and the respondents herein are the defendants. CS 319 of 2013 was filed by the appellants seeking following reliefs as against the defendant nos.12, 13 &14: "(n) The purported agreement dated 11th December, 2007, allegedly made between PSIDL the respondent no.8 herein and Citystar the respondent no.16 herein for issuance of Non Convertible Debentures in a forged and fabricated document and the said purported agreement be adjudged illegal, null and void and directed to be delivered up and cancelled; (o) Declaration that the purported arbitration proceeding initiated by Citystar the respondent no.16 herein against PSIDL the respondent no.8 is a collusive proceeding and all records of the said proceeding including the purported awards made therein be adjudged illegal null and void and directed to be delivered up and cancelled; (p) Declaration that the respondent no.8 continues to be lawful owner of the said 2,22,49,999 equity shares of Rs.10/- each all fully paid up in BAPL the respondent no.12 company; (q) Declaration that the respondent no.16 has no right or interest whatsoever over the said 2,22,49,999 equity shares held by the respondent no.8 in the respondent no.12 company or any part or portion thereof; (r) Perpetual injunction restraining the respondents from acting up or giving any effect or further effect to the purported agreement dated 11th December, 2007 allegedly entered into by and between the respondent no.8 and the respondent no.12 referred to in paragraph 6.23 hereinabove;"
(2.) During pendency of the suit, defendant nos.12, 13 & 14 filed an application for rejection of plaint against those respondents or alternatively expunge the names of said defendants from the plaint. The said application came to be allowed; consequently, the suit also came to be rejected against defendant nos.12, 13 & 14.
(3.) In order to understand the controversy in issue, in brief, the facts leading to the filing of the present appeal are mentioned herein. A Company Petition No.859 of 2010 was filed by the appellants under Sections 397 & 398 of the Companies Act of 1956 before the Company Law Board, Eastern Bench, Kolkata. Defendant No.12 was impleaded as the respondent no.16 in the said petition. In the said company petition, following reliefs were sought against the respondents:- "(n) The purported agreement dated 11th December, 2007, allegedly made between PSIDL the respondent no.8 herein and Citystar the respondent no.16 herein for issuance of Non Convertible Debentures in a forged and fabricated document and the said purported agreement be adjudged illegal, null and void and directed to be delivered up and cancelled; (o) Declaration that the purported arbitration proceeding initiated by Citystar the respondent no.16 herein against PSIDL the respondent no.8 is a collusive proceeding and all records of the said proceeding including the purported awards made therein be adjudged illegal null and void and directed to be delivered up and cancelled; (p) Declaration that the respondent no.8 continues to be lawful owner of the said 2,22,49,999 equity shares of Rs.10/- each all fully paid up in BAPL the respondent no.12 company; (q) Declaration that the respondent no.16 has no right or interest whatsoever over the said 2,22,49,999 equity shares held by the respondent no.8 in the respondent no.12 company or any part or portion thereof; (r) Perpetual injunction restraining the respondents from acting up or giving any effect or further effect to the purported agreement dated 11th December, 2007 allegedly entered into by and between the respondent no.8 and the respondent no.12 referred to in paragraph 6.23 hereinabove;";