JPS ASSOCIATES PVT. LTD. vs DR. HASAN AKBAR KAZMI & ANR

Judgment text excerpt

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 03rd FEBRUARY, 2025 IN THE MATTER OF: + CS(OS) 274/2017 & I.A. 6932/2017, I.A. 6933/2017, I.A. 19228/2022 JPS ASSOCIATES PVT. LTD. .....Plaintiff Through: Ms. R. Gayathri Manasa, Advocate with Mr. J P Srivastava, AR in person versus DR. HASAN AKBAR KAZMI & ANR .....Defendants Through: Mr Suman K Doval, Mr Harikrishan Pandey and Mr Lakshay Chaudhary, Advocates Mr. Rajiv Bakshi, Advocate for D2 CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT (ORAL) I.A. 13612/2019 1. The Plaintiff has filed the instant application under Order VI Rule 17 read with Order 1 Rule 10 read with Section 151 CPC of the Civil Procedure Code 1908 (in short ‘CPC’), praying for permission to amend the plaint. 2. The present suit is for permanent and mandatory injunction and for recovery of damages. The suit is filed through one Mr. J P Srivastava, Chairman of the Plaintiff Company from 18.08.2015. 3. The facts in brief as stated in the plaint are as follows:- i. It is stated that the plaintiff was carrying on the business of development projects funded by various international and bi- Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CS(OS) 274/2017 Page 1 of 21 Signing Date:07.02.2025 21:12:15 lateral development agencies like the World Bank, United Nations Development Programme, etc. ii. It is stated that Defendant No.1 was appointed vide appointment letter dated 1.6.2011 as the Managing Director of the Plaintiff Company from 1.06.2011 to 19.03.2014. It is further stated that Defendant No.1 was entrusted with substantial powers of management as defined in the Articles of Association of the Plaintiff Company and the Defendant No.1 was privy to each and every detail pertaining to the organization which includes th