MURARKA PAINT AND VARNISH WORKS LTD Vs. MOHANLAL MURARKA
HIGH COURT OF CALCUTTA
MURARKA PAINT AND VARNISH WORKS LTD.
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A.N. Ray, J. -
(1.) This suit has been instituted by Murarka Paint and Varnish Works (Private) Ltd. against Mohanlal Murarka, Chunilal Murarka, Purushottamalal Murarka, Beharilal Murarka, Radheylal Murarka, Kunjlal Murarka and Hiralal Murarka. The plaintiff has its registered office at 4E, Dalhousic Square, East, Calcutta; the plaintiff uses the said office in common with 5 other limited companies. At the last annual general meeting of the plaintiff company, Sohanlal Murarka,, Kissenlal Murarka, Shankarlal Murarka and Mohanlal Murarka were appointed directors.
(2.) Article 111 of the Company states that every director shall vacate his office, inter alia, on his being requested in writing by all his co-directors to resign. On or about February 24, 1960 Sohanlal Murarka, Kissenlal Murarka and Shankarlal Murarka acting under Article 111 requested Mohanlal Murarka in writing to resign. The plaintiffs case is that Mohanlal Murarka immediately thereafter ceased to be director of the plaintiff. On or about February 25, 1960 the Board of Directors of the plaintiff at a meeting held by it on the same day appointed in accordance with the Articles one Mahabir Prasad Murarka in place and stead of Mohanlal Murarka. The plaintiff alleges that in the premises on and from February 25, 1960 the lawful directors of the plaintiff were and are: Sohanlal Murarka, Kissealal Murarka, Shankarlal Murarka and Mahabir Prassad Murarka.
(3.) On or about February 25, 1960 the plaintiff through its solicitors, Messrs. Khaitan and Co. issued notices in various newspapers to the effect that all power and authority of the defendant Mohanlal Murarka as a director had been terminated. The defendants Chunilal Murarka, Radheylal Murarka, Beharilal Murarka, Hiralal Murarka and Kunjalal Murarka, it is alleged, are not registered shareholders of the plaintiff. The defendant Mohanlal is the joint registered owner of 6250 ordinary shares in the plaintiff company along with the defendants Purushottamlal Murarka and Shankarlal Murarka.;
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