RAJESH KUMAR AGGARWAL Vs. K K MODI

JUDGEMENT

(1.) I propose to dispose of this application filed by the Plaintiff under Order 6 Rule 17 read with Section 151 of the Civil Procedure Code for amendment of the plaint. The suit is for declaration, permanent plaint. The suit is for declaration, permanent injunction and mandatory injunction.

(2.) Three amendments are sought to be introduced into the plaint. Firstly, introduction of para 12 A which substantially lays the grounds for the grant of a mandatory injunction for the sate of 77256 shares of Godfrey Philips Ltd. which is presently held by a Trust in the name and style of Modipon Ltd. Senior Executives (Offices) Welfare Trust. Amendments 2 and 3 are merely the consequent changes in the valuation paragraph (Para 15) and the introduction of additional prayer. Ms. Mukti Chaudhary, learned counsel appearing on behalf of defendants 2,3 and 5 made a statement that she has no objection to this application being allowed: however, it was vehemently opposed by Defendant Nos. 1 and 4, both of whom are Trustees.

(3.) The prayers in the plaint as it presently stands are as follows: (a) a decree for declaration that Defendant No. 1 is not a Tit and proper person to continue as trustee of Modipon Limited Senior Executive Welfare Trust; (b) a decree directing that Defendant No. 1 is removed from such office by the orders of this Hon'ble Court; (c) a decree of permanent injunction restraining Defendant No. 1 and/or his servants, agents and assigns from operating the saving account No. 9089 opened in Oriental Bank of Commerce, New Friends Colony, New Delhi. (d) A decree by way of mandatory injunction restraining Defendant No. 1 from depositing the dividend/bonus shares received in future from GPI in the account opened by him with Defedant No. 6 at Delhi and simultaneously directing him to forward the same to the Secretary of the trust; (e) A decree of mandatory injunction in favour of the plaintiff to direct Defendant No. 1 to handover the relevant Bonus Share Certificate in account No. 9089 and dividend amounting to Rs. 15,64,434.00, or any other amount of GPI to the Secretary of the Trust i.e. Defendant No. 5 herein; If the proposed amendment is permitted the following prayer would be included'.