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Bombay High CourtRP/52/2015dismissed

Subhiksha Trading Services Ltd. And R. Subramanian v. Azim Premji

2015-07-28Hon'Ble Shri Justice S.C. Gupte2 pages

sg 1/2 rp52-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION NO.52 OF 2015 IN SUIT NO.965 OF 2011 Subhiksha Trading Services Ltd. & Anr.

...Petitioners/Orig. Plaintiffs.

vs.

Azim Premji

...Respondent/Orig. Defendant

.....

Mr. Parikshit Rao, a/w. Mr. Prakash Gokhlaney, i/b. R &M Partners, for the Petitioners/Original Plaintiffs.

Mr. J.P. Sen, Senior Advocate, a/w. Dr. Birendra Saraf, Mr. Rohaan Cama, Mr. Rohan Dakshini, Ms. Rajashree Ram and Mr. Vineet Unnikrishnan, i/b. Federal & Rashmikant, for the Respondent/Original Defendant. .....

CORAM: S.C. GUPTE, J.

DATE : 28 JULY, 2015.

P. C. :- .

Heard learned Counsel for the Review Petitioner. The Review Petition is on the footing that any decision on issue no. 3, which is referred to in the order passed by this Court on 5 May 2015, requires leading of evidence. Having regard to the pleadings filed by the parties neither is there any dispute as to the identity of the Articles of Association of Plaintiff No.1 nor the contents of the Articles. In fact, when it was pointed out to the Court at the hearing on 5 May 2015 that, the Articles of Association produced by the Defendant at the hearing, contain a bar in respect of any suit being filed for and on behalf of Plaintiff No.1 unless the

sg 2/2 rp52-15.doc commencement of such legal action is preceded or supported by a resolution duly passed in accordance with the Articles, no objection was raised to the authenticity or the text of the Articles of Association produced by the Defendant. The only question was, what was the effect of the relevant Articles of Association and that is certainly a pure question of law. This question will be decided at the trial of Issue No.3 in accordance with the order of 5 May 2015. There is no ground for review of that order under Order 47 Rule 1 of the Code of Civil Procedure. The Review petition is, accordingly, dismissed. The Articles of Association tendered by learned Counsel for the Plaintiff in support of his application today are marked "X" for identification.

(S. C. GUPTE, J.)