JAYESH KOSHAMBI Vs. VIGHNESHWAR AIR CONDITIONING P. LTD. AND ORS.

JUDGEMENT

(1.) THE petitioner has filed the above captioned company petition by invoking the provisions contained in sections 397, 398 read with sections 402, 403 and 408 of the Companies Act, 1956 (hereinafter referred to as "the said Act") complaining various acts of oppression and mismanagement purportedly committed by respondents Nos. 2 to 4 in the affairs of respondent No. 1 company (hereinafter referred to as the "company"'). The petitioner has sought various reliefs as contained in the petition. The facts in brief leading to filing the present petition may be summarised as hereunder :

(2.) THE respondents appeared. They filed their reply to the petition denying all the allegations, relating to the alleged acts of oppression and mismanagement. However, they did not dispute the sequence of events that happened from joining of respondent No. 2 as a partner in the partnership firm until the formation of the company. In the reply, the respondents have further alleged that the petitioner has not come forward with clean hands and has not disclosed the material facts and has also suppressed vital documents and therefore, he being guilty of approaching the court with unclean hands is not entitled to any reliefs sought for and therefore, the petition is liable to be dismissed. On merits also, the respondents prayed to dismiss the petition. For the sake of brevity and to avoid the repetitions, their submissions in this regard for the sake of brevity shall be dealt with hereinafter.

(3.) I have heard learned counsel for the parties at length and perused the record.