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Bombay High CourtCHS/915/2018disposed off

Mrs Madhu Ashok Kapur And 3 ORS v. Mr Rana Kapoor And 17 ORS

2019-02-21Hon'Ble Shri Justice B.P. Colabawalla3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

CHAMBER SUMMONS NO. 915 OF 2018 IN SUIT NO. 462 OF 2013 Mrs Madhu Ashok Kapur & Ors.

...Applicants/Plaintiffs vs Mr Rana Kapoor & Ors.

...Defendants .....

Mr Aditya Mehta a/w Ms Nikita Mishra I/b Rashmikant & Partners for the Appellant.

Ms Rucheta Shah a/w Samhita Mehta I/b Cyril Amarchand Mangaldas for the Defendants.

.....

CORAM : B.P.COLABAWALLA, J.

FEBRUARY 21, 2019.

P.C. :

This Chamber Summons has been taken out for various reliefs. As far as prayer clause (a) is concerned, the same was already granted by an order of this Court dated 18th June, 2015. In these circumstances, as far as prayer clause (a) is concerned, nothing survives as of today.

As far as prayer clauses (b)(d)(e) and (ee) are concerned, learned advocate, on instructions, states that these prayers are not being pressed. He however clarifies that the reliefs sought in prayer clause (e) be kept open to be agitated at the future date. He, Pg 1 of 3

therefore, state that only prayer clause (c) would, therefore, survive for consideration of this Court.

Prayer clause (c) seeks a direction against Defendant No.6 to provide to the Applicants - Plaintiffs the inspection of various documents and furnish copies thereof as referred to in annexure "A" to the Chamber Summons.

It is not in dispute that all these documents are in relation to the Directors who were appointed on the board of Defendant No.6 and who, admittedly, are no longer occupying the said position. This being the case, I do not think that any purpose would be served in directing Defendant No.6 for giving inspection of these documents, at least at this stage. This being the position, the Chamber Summons is disposed of by reserving the right of the Applicants- Plaintiffs to seek inspection of these documents if the need so arises in future. As far as prayer clause (e) is concerned, it is with reference to seeking an appropriate order to video record the 11th Annual General Meeting of Defendant No.6. This video recording is already done and the same is deposited with the Prothonotary and Senior Master of this Court. As far as disclosure of this video Pg 2 of 3

recording to the Plaintiff is concerned, the learned advocate appearing on behalf of the Applicants - Plaintiffs states that they are not seeking the same at this stage and would take out the appropriate proceedings in the future, if the circumstances so warrant. In these circumstances, nothing survives even as far as prayer clause (e) is concerned.

In these circumstances, the Chamber Summons is disposed of in the aforesaid terms. No order as to costs. (B.P.COLABAWALLA, J.) Pg 3 of 3