SANJAY KOTHIALA Vs. UTTAM CHAND
LAWS(HPH)-1997-3-25
HIGH COURT OF HIMACHAL PRADESH
Decided on March 25,1997

SANJAY KOTHIALA Appellant
VERSUS
UTTAM CHAND Respondents

JUDGEMENT

P.K.PALLI, J. - (1.)The matter comes up for confirmation of the order dated 30th September, 1996 passed in O,M0Pa No. 415/ 6 arising out of Civil Suit No, 87/96 2, The plaintiffs have filed a suit claiming decree of permanent prohibitory injunction restraining defendants No. 1 to 7 from acting as Directors of the Company -defendant No 8 -with a further direction to restrain them from intermeddling with their assets, shares, property and business of the said Company as well as holding the annual general meetings.
(2.)Alongwith the said suit, an application under Order 39, Rules I and 2 f Civil Procedure was filed wherein it was stated that defendants No. 1 to 7 are illegally and unauthorisedly trying to usurp the assets of the Company and are trying to proclaim themselves to be the Directors/ Managing Directors without there being any legal sanction, h was also stated that annual general meeting had been convened on 30th September, 1996 to create legal status of their past illegal and unauthorised acts and that the defendants be restrained by way of interim injunction from acting as Directors of the Company and from meaning its affairs.
(3.)The suit as well as the application, referred to above, came up before the Court on September 30, 1996 on which day an ad interim injunction was allowed as prayed for subject to the plaintiffs serving the defendants positively by the next date of hearing.


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