Sun, Dec 22 2024
The Delhi High Court has heard a case brought by the co-founder of BharatPe Shashvat Nakrani challenging a decision that did not prohibit Ashneer Grover, the company's previous managing director, from selling or alienating shares that Nakrani had sold him.
A day later, Grover praised the court's ruling on social media, writing, "What a terrific day and great outcome at Hon'ble Delhi High Court today! The winning run never ends!
According to Bar & Bench, a Division Bench made up of Justices Rajiv Shakdher and Amit Bansal expedited Nakrani's case trial but did not overturn the single-judge's decision.
After a protracted legal battle, the parties' attorneys agreed that the appeal might be dismissed with instructions for a speedy trial.
As a result, on February 28, when the case is scheduled to be heard again, the Bench instructed the single judge to formulate the problems in the case.
In addition, the court designated a local commissioner to record the evidence, stating that the procedure need to be finished in eight weeks.
It requested affidavits of evidence from both parties regarding the issues the sole judge was framing.
The Division Bench further stated that the single judge will try to hear the matter's closing arguments as soon as feasible following the recording of the evidence.
It said, "All legal questions are left open."
Senior counsel Mukul Rohatgi represented Nakrani, accompanied by solicitors Ankit Jain, Mohit Goel, Sidhant Goel, and Neha Jain.
Advocates Giriraj Subramanium, Sidhant Juyal, and Simarpal Sawhney spoke on behalf of Grover.
Nakrani had appealed the single-judge Justice Sachin Datta's decision on December 15, 2023, which had denied Grover's request for an interim injunction to prevent Grover from selling or alienating the shares.
Judge Datta urged Grover to notify the court when he plans to sell or transfer the disputed shares while rejecting the plea.
Nakrani said that he had given Grover his shares, but Grover never received the money despite Grover's claim to have paid for them in cash.
Shashvat Nakrani and Bhavik Koladiya created BharatPe in March 2018, both holding a 50% stake in the company. In July 2018, Grover became a third co-founder of the company and joined the board. Grover bought 3,192 shares for INR 10 each, 2,447 from Nakrani and 745 from Koladiya.
According to the same complaint, Grover was supposed to give Koladiya INR 7,450 and Nakrani INR 24,470. It stated, meanwhile, that Grover had not yet paid for the shares.
According to people with knowledge of the situation, the shares in question are currently valued at INR 500 Cr.
The statements were denied by Grover, who stated that Nakrani's argument is founded on a "complete misreading, misinterpretation, and misunderstanding of the Sale of Goods Act, 1930."
He had claimed that Nakrani had not only handed the shares to him on July 2, 2018, but had never reserved any right of disposal at all, as evidenced by the transfer of shares to him, which allowed him to join and stay a member of BharatPe for almost five years.
Grover argues in his reply before the single court that Grover's name has been added to the shareholder registry, the share transfer form has been executed, and the contract has been fulfilled in its entirety.
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