AIR 2006 SUPREME COURT 3068 ::2006 AIR SCW 4333 ::2006 CLC 1389 (SC) ::2006 (5) Com LJ 409 SC ::(2006) 75 CorLA 34 ::2006 (7) SCC 382 ::(2006) 8 Scale 101 ::2006 (2) CalLJ 246 ::2006 (133) Com Cas 236 ::2006 (4) ICC 431 ::MANU/SC/3676/2006 ::(2006) 7 SCJ 702 ::2006 (8) Supreme 359 ::(2006) 46 AllIndCas 460 (SC) ::2006 (9) SRJ 170

Supreme Court Of India

(From : 1999 (4) ICC 578)

Hon'ble Judge(s): B. P. Singh, Altamas Kabir , JJ

Civil P.C. (5 of 1908) , O.23 R.1— Withdrawal of suit - Family company - @page-SC3069Suit for declaration by one of Directors of Company that purported transfer of shares in her name to other Directors were null and void and without any effect and for further declaration that plaintiff was sole and absolute owner of said shares in defendent-company - Withdrawal of suit - Application by plaintiff for recall of order of dismissal on ground that application of withdrawal was based on her forged signatures obtained by defendant - Averment that on day of withdrawal her advocate was changed and replaced by advocate of defendant and that suit was mentioned for purpose of withdrawal on day when same was not even listed for said purpose and that it was in the interest of defendant to have withdrawn suit - Unusual circumstances in which suit was withdrawn leave a lingering doubt - Appeal against dismissal of application for withdrawal of suit allowed.1999 (4) ICC 578 (Cal), Reversed. (Para 24 25 26)