- (1.) THE BACKGROUND FACTS: Dr. Kamal Kumar Dutta and Mr. Sajal Dutta are two brothers. Kamal is a medical practitioner and permanently resident in the U.S.A. Dr. Binod Prasad Sinha is another doctor permanently resident in the U.S.A. and known to Kamal.
(2.) These three at one point of time which now seems quite distant, got together and promoted a hospital in Kolkata by incorporating a public company. Its name is Ruby General Hospital Limited. The hospital was named Ruby General Hospital in remembrance of the deceased wife of Kamal. It got started in 1995. The then Chief Minister of West Bengal inaugurated it.
(3.) This amity did not last long. The brothers fell apart. Proceedings were undertaken before the Company Law Board by Kamal and Binod, in 1997. They had filed an application under Section 397-399 of the Companies Act, 1956 complaining of oppression and mismanagement by Sajal. The order of the Company Law Board dated 29th October, 1999 was to a great extent favourable for Kamal and Binod, who were together. But both sides, i.e., Kamal and Binod on one side and Sajal on the other side felt aggrieved by the order. An Appeal was filed in this Court against it by each of the sides. Both these appeals were admitted on 14th December, 1999. At the time of admitting the appeals, this Court passed an order that no board meeting of the company should be held.;