LAWS(CAL)-1999-10-29

BAJARANG PRASAD JALAN Vs. RAIGARH JUTE AND TEXTILE MILLS LTD

Decided On October 14, 1999
BAJARANG PRASAD JALAN Appellant
V/S
RAIGARH JUTE AND TEXTILE MILLS LTD. Respondents

JUDGEMENT

(1.) The instant petition is filed under Sections 397 and 398 of the Companies Act, 1956.

(2.) The dispute leading to the filing of the instant petition is essentially amongst the two brothers of a family. More precisely between the groups of two brothers. As a matter of fact several petitions of the same nature have been preferred and have since been adjudicated by this court and it is stated that appeals in relation thereto are now pending adjudication before the apex court. Reference shall be made to those proceedings and the orders passed therein as they have a material bearing on some of the vital issues arising for consideration in the instant applications. When the present application was taken up by a learned single judge for hearing, it was noticed that a Division Bench of this High Court was seized of those other applications in its appellate jurisdiction and, therefore, the instant application was also directed to be placed before that Bench for being heard and disposed of analogously. However, it appears that while the other appeals were disposed of, the instant application was neither mentioned nor taken up for hearing. That is how the instant application has come up before this Division Bench.

(3.) The brief facts leading to the filing of the instant application as also the disputes between the groups of two brothers, need to be stated.