KALYAN JYOTI SENGUPTA,J. - (1.) Kalyan Jyoti Sengupta, J. - This summons has been taken out by the plaintiffs above named for amendment of the plaint filed in the aforesaid suit. By this application the amendment of the plaint is proposed to be made in the prayer portion and by addition of a new person viz. M/s. Descon Limited of 8, Dr. Rajendra Prosad Sarani, Calcutta- 700 001 as a party defendant and also by incorporating necessary averment in the body of the plaint in connection with the proposed prayer. It appears that this application is necessitated to be made in view of the judgment and order passed by the Hon'ble Supreme Court on 12th May, 2005. The relevant portion of the said judgment and order of the Apex Court is set out hereunder: "Considering the fact that the respondents in their own plaint and in Prayer C have sought restraint only till 31 st March, 2005, which date since passed, we stay the impugned order with liberty to the respondents to apply for appropriate-amendments and appropriate relief before the High Court if, in law, they are entitled to do so".
(2.) Originally the plaintiffs claimed relief against defendant Nos. 1 and 2 in the nature of the declaration that they have become disqualified to be appointed as the Directors in the defendant No. 3 company by virtue of the provision of the Section 274 (1) (g) (b) of the Companies Act (with effect from 13.12.2000) for a period of 5 years from 31st December, 1999 and also from 31st March, 2000. In connection with this relief of declaration, consequential relief for perpetual injunction restraining the defendant Nos. 1 and 2 from offering themselves to act as the Directors of the defendant No. 3 during the period of their disqualification till 31 st March, 2005 has been asked for and other incidental reliefs.
(3.) In connection with the aforesaid suit necessary interlocutory application was made in this Court in the nature of the order of temporary injunction in the terms as above. The said interlocutory application was disposed of by the Hon'ble Single Judge finally on 23rd May, 2002 with a detailed judgment and with the following orders: "Accordingly I am of the view that order of status quo passed by this Court shall continue till the disposal of the suit as I do not find any reason either on fact or in law to vacate the same. Application for vacating interim order is, thus dismissed. Costs of this application will be cost in the cause". ;