Rajeev Saumitra vs Maya Chaudahry
2015 Latest Caselaw 6494 Del

$~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
                     ORDER

% 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

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