Delhi High Court
Cna Exports Pvt. Ltd. vs Mrs. Jaskirat Datwani on 26 July, 2010
Author: Vikramajit Sen
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) No.152/08 & CM Nos.4705-07/08, 12174/10
CNA EXPORTS PVT. LTD. .....Appellant through
Mr. Abhinav Vashisht with
Mr. Suresh Singh &
Mr.Raman Kapur, Advs.
versus
MRS. JASKIRAT DATWANI .....Respondent through
Mr.Sidharth Bawa with
Ms. Simar K. Narula, Advs.
for Respondent No.1
Mr. Amitabh Chaturvedi,
Adv. for Respondent Nos.2
&3
Mr.Jayant Bhushan, Sr.
Adv. with Mr. Jeevesh
Nagrath, Adv. for
Mrs. Nitya Bharaney
% Date of Hearing : July 15, 2010
Date of Decision : July 26, 2010
CORAM:
* HON'BLE MR. JUSTICE VIKRAMAJIT SEN
HON'BLE MS. JUSTICE MUKTA GUPTA
1. Whether reporters of local papers may be
allowed to see the Judgment? No
2. To be referred to the Reporter or not? No
3. Whether the Judgment should be reported
in the Digest? No
VIKRAMAJIT SEN, J.
1. This Appeal assails the Order of the learned Single Judge
dated 1.2.2008, dismissing the application filed by Mr.Anand
Datwani in his capacity as a Director of Defendant No.3, In
Exports Private Limited, which admittedly holds thirty eight per
cent share in immovable property bearing No.6, Friends Colony
(West), New Delhi. The Prayer in the application is for handing
over possession of the portion shaded in Green in the Site Plan
produced below:-
SITE MAP
2. The portion, shaded in blue, is in the possession of
Mr. Janak Datwani, because of his holding over ninety nine per
cent shares of In Exports Private Limited; this portion is twenty
four per cent of the Suit Property.
3. The remaining portion, shaded in pink, comprising thirty
eight per cent is in the possession of Mrs. Jaskirat Datwani, ex-
wife of Mr. Janak Datwani. A bare perusal of the sketch map
manifests that unless Mr. Janak Datwani has access and control
over the Green portion, he will be fully hemmed in by the Green
and pink portion. Prima facie, it appears to us that Mr. Janak
Datwani would not have agreed on the present settlement with
his ex-wife unless he had, at the relevant time, dominion over
the Green portion. All the parties hereto admit that the Green
portion falls to the share of the Appellant Company. It has been
urged on behalf of the Appellant that handing over of possession
thereof was thwarted by Mrs. Jamna Datwani, mother of
Mr.Janak Datwani, on the premise that she was, at the material
time, the Managing Director of the Appellant Company and
hence ought not to be dispossessed therefrom.
4. It is also uncontroverted that three Suits, bearing
Nos.113/2005, 118/2007 and 556/2008, are pending between
the parties.
5. The dispute, succinctly stated, relates to the shareholding
of the Appellant Company. Learned counsel for the Applicant
has not convinced us, and there is no clear evidence in this
regard, that his client, Mr. Anand Datwani, has the majority
shareholding. What is evident to us is that the shareholding is
fragmented and is held, inter alia, by various members of the
Datwani family.
6. A Local Commissioner had earlier been appointed and
under her supervision a one brick demarcation had been
erected/placed on the suit property.
7. Learned counsel for Respondent No.2/In Export Private
Limited and Respondent No.3 has answered affirmatively to our
suggestion that awaiting any decision with regard to the
ownership and control of the Appellant Company, a Receiver
may be appointed in respect of the Green portion. This appears
to us to be a just and expedient solution since, avowedly, it is
the Appellant Company which is entitled to ownership and
enjoyment of the Green portion. We have already observed that
Mr. Anand Datwani has failed in establishing, even prima facie,
that he is the majority shareholder of Respondent No.2. It is
his grievance that because his mother, Mrs. Jamna Datwani, had
sided with his brother, Mr. Janak Datwani, the Applicants'
efforts to take possession of the Green portion on behalf of the
Appellant Company had been defeated and rendered futile.
Presently, it transpires that their mother, Mrs. Jamna Datwani,
is siding with the Appellant, but keeping the circumstances in
view, we think that this may well be a transient phase. In any
event, even if the shareholding of Mrs. Jamna Datwani is added
to that of Mr. Anand Datwani, they would not have become
majority shareholders in the Appellant Company. In this state of
flak, we think it imperative that a Receiver should be appointed
in respect of the Green portion.
8. Learned counsel for Respondent Nos.2 and 3 has denied
that Mrs. Jamna Datwani was ever denied access to the room in
her occupation. He confirms that she is free to occupy it
whenever she chooses provided she resumes residing there
herself. The said room is enclosed in black border in the Site
Map. It is clarified that Mrs. Jamuna Datwani may come to
reside in the said room herself. This liberty is extended
exclusively to her.
9. We accordingly appoint Ms. Sonia Singh, Advocate, A-14,
Nizamuddin(East), New Delhi - 110 013, Phone No.46502980
as the Receiver with instruction to take possession of the Green
portion as shown in the sketch map. If the demarcation is
subsisting and clear, no further action in that regard needs to
be taken. We do not think it necessary to construct a higher wall
or brick structure since that would impede enjoyment of
easementary rights of the occupants/owners of the blue portion.
However, none of the parties shall be entitled to use the Green
portion without the leave of this Court. The Receiver shall
protect the Court's possession of the Green portion. He shall be
entitled to unimpeded ingress and egress to the Green portion.
The Receiver shall file a bi-annual Report to this Court in this
context. The Receiver shall be paid a monthly fee of `2,000/- per
month, to be borne by both the Applicant and Respondent Nos.2
and 3, which shall be borne equally by Mr. Anand Datwani and
Mr.Janak Datwani and shall be paid before the seventh day of
each calendar month. This arrangement shall continue till
orders to the contrary in CS(OS) No.698/2003.
10. Appeal and all pending applications stands disposed of in
these terms.
( VIKRAMAJIT SEN )
JUDGE
( MUKTA GUPTA )
JUDGE
July 26, 2010
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