KRISHNA REAL ESTATE ENTERPRISES PVT LTD vs GURCHARAN SINGH SYAL & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 03rd FEBRUARY, 2025 IN THE MATTER OF: + CS(OS) 1662/2015 & I.A. 11888/2015, I.A. 11889/2015 KRISHNA REAL ESTATE ENTERPRISES PVT LTD. .....Plaintiff Through: Mr. Anupam Lal Das, Sr. Advocate with Mr. Raj Kamal, Mr. Aseem Atwal, Mr. Anirudh Singh, Ms. Muskan Sidana, Mr. Akhilesh Kumar and Ms. Stuti, Advocates. versus GURCHARAN SINGH SYAL & ORS. .....Defendants Through: Mr. Asheesh Jain, Mr. Gaurav Kumar and Ms. Pooja Bhardwaj, Advocates for Defendant Nos. 1 to 3. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT I.A. 10274/2016 1. This is an application under Order VII Rule 10 CPC on behalf of Defendants No.1 to 3 seeking return of plaint filed by the Plaintiff. 2. The present suit is one for recovery of sum of Rs.8,29,82,904/- along with pendente lite and future interest on account of alleged illegal cash withdrawals by the Defendants from the account of the Plaintiff/Company. 3. The facts in brief as stated in the Plaint are that the Plaintiff Company is part of „MBD group‟, which consists of various Private Limited companies, Partnership firms, and LLPs, and is one of the major leaders in education, publishing, hospitality sector and has presence in various other sectors of businesses. The MBD Group is owned by Ms. Satish Bala Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA CS(OS) 1662/2015 Page 1 of 12 Signing Date:07.02.2025 21:12:15 Malhotra, Ms. Monica Malhotra, Ms. Sonica Malhotra, and Late Mr. Ashok Kumar Malhotra. 4. The Defendant No. 2 is the father of Defendant No. 1 and grandfather of Defendant No. 3. Defendant No. 2, who is also an Advocate used to represent MBD Group in tax related matters before various competent authorities for numerous years whereas his son i.e. Defendant