SAHIDULLAH MUNSHI,J. - (1.) The Court: Plaintiffs and defendants altogether filed four applications. G.A. No. 1735 of 2019 and GA No. 1845 of 2019 have been filed by the defendants whereas the other two applications being G.A. No. 1761 of 2019, G.A. No. 1786 of 2019 have been filed by the plaintiffs.
(2.) G.A 1735 of 2019 has been taken out by the defendants in the form of an affidavit in support of master summons affirmed on 30.07.2019 by one Arvind Kumar Newar defendant No. 1(b)/applicant with the following prayers: "(a) A direction do issue upon the plaintiffs to implement the decision dated 19th July, 2019 of the Committee. (b) A direction do issue upon the Committee to exercise its voting rights flowing from the shareholding in various companies, trust and societies of MP Birla Group forming part of the controlling interest and controlling power vested in the Estate of Priyamvada Devi Birla by casting its votes at the ensuing Annual General Meeting of Vindhya Telelinks Limited on 5th August, 2019; Universal Cables Limited on 5th August, 2019; Birla Cable Limited on 6th August, 2019 and Birla Corporation Limited on 13th August, 2019 through its Chairperson, Justice Mohit Shantilal Shah (Retd.) or any person(s) as this Hon'ble Court may deem fit, in terms of the decisions of APL Committee and/or at the instance of APL Committee and/or in consultation with the APL Committee; (c) If necessary, an order be made directing adjournments of the Annual General Meetings of Vindhya Telelinks Limited, Universal Cables Limited, Birla Cables Limited and Birla Corporation Limited until such time as this Hon'ble Court deems fit and proper. (d) If necessary, notice be issued to the concerned companies, trust and societies of the MP Birla Group as mentioned in the scheduled being Annexure "M", to ensure compliance of the decision dated 19th July, 2019 of the Committee in such manner as may be directed by the Committee; (e) Ad interim orders in terms of prayers above; (f) Costs of and incidental to this application be paid by the plaintiffs; (g) Such further and/or other order or orders be passed, direction or directions be given as Your Lordship may deem fit and proper."
(3.) A supplementary affidavit has also been affirmed on 31st July, 2019 in connection with G.A. 1735 of 2019 by Arvind Kumar Newar defendant no, 1(b), whereby the he has prayed for further additional prayers as set out below:- "(a) A direction do issue upon the plaintiffs and particularly Harsh Vardhan Lodha to implement the decision dated 30th July, 2019 of the Committee; (b) A direction do issue upon the plaintiff Harsh Vardhan Lodha restraining him from offering himself or holding himself out or proposing himself as a candidate for re-appointment as a Director of Vindhya Telelinks Limited and Birla Cable Limited at their Annual General Meetings convened to be held on 5th August, 2019 and 6th August, 2019 respectively; (c) A direction do issue upon the plaintiff Harsh Vardhan Lodha restraining him from seeking any position on the Board of Directors of Vindhya Telelinks Limited and Birla Cables Limited at their Annual General Meetings convened to be held on 5th August, 2019 and 6th August, 2019 respectively; (d) A direction do issue upon plaintiff Harsh Vardhan Lodha to forthwith recall, rescind and/or withdraw his consent, if any, given to Vindhya Telelinks Limited and Birla Cables Limited for re-appointment as a Director of the said Companies or holding any position whatsoever therein; (e) A direction do issue upon the plaintiff Harsh Vardhan Lodha restraining him from seeking or withdrawing or claiming any profit based remuneration or commission from Vindhya Telelinks Limited (VTL), Birla Cables Limited (Bcab), Universal Cables Limited (UCL) and Birla Corporation Limited (BCL); (f) An injunction do issue restraining the plaintiff Harsh Vardhan Lodha from acting as Chairman or Director of Vindhya Telelinks Limited and Birla Cable Limited under any circumstances whatsoever; (g) Ad interim orders in terms of prayers above;" ;