Rajeev Saumitra v. Maya Chaudahry

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1952/2015 & IA No.13576/2015 (u/O XXXIX R-1 & 2 CPC) RAJEEV SAUMITRA ..... Plaintiff Through : Mr. P.V. Kapoor, Sr. Advocate with Mr. Mahipal Singh Rajput and Ms. Divya Kapur, Advocates versus MAYA CHAUDAHRY ..... Defendant Through : Mr. Kumar Sushobkan, Advocate

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

O R D E R

% 01.09.2015 1.

The present suit has been instituted by the plaintiff praying inter alia for passing a decree of declaration against the defendant to the effect that she is not the CEO of M/s Paramount Coaching Centre Pvt. Ltd. The plaintiff has also sought a decree of permanent injunction against the defendant restraining her from occupying the office of the CEO of the aforesaid company and from entering the premises of the Centre or interfering with its business activities. 2.

Pursuant to the order dated 10.7.2015, learned counsel for the defendant enters appearance and states that he has filed a written statement and a reply in opposition to the interim application. The same are however not on record. Copies thereof have been handed CS(OS) 1952/2015

over by the learned counsel for perusal of the Court. 3.

Counsel for the defendant confirms the fact that his client has tendered her resignation from the post of CEO of the captioned company on 10.6.2015, which was duly accepted on the same date. Thereafter, she is not left with any right or interest in the aforesaid company. He further states that a preliminary objection has been raised in the written statement with regard to the form in which the suit has been filed and the locus standi of Mr. Rajeev Saumitra to institute the suit on behalf of the plaintiff company. He however states that he has no objection to the suit being disposed of in terms of the prayers made in the present suit while reserving the right of the defendant to raise a plea with regard to Mr. Rajeev Saumitra's locus standi to institute any suit on behalf of the company, if need arises in the future.

4.

Accordingly, the suit is decreed in terms of prayer clauses (A) & (B). Decree sheet be drawn up accordingly.

5.

The suit is disposed of with liberty granted to the defendant, as prayed for and recorded above.

6.

File the consigned to the record room.

HIMA KOHLI, J SEPTEMBER 01, 2015 sk/rkb CS(OS) 1952/2015