- (1.) This first one of the above two first miscellaneous appeals is at the instance of a plaintiff in a suit for specific performance of contract and permanent injunction and is directed against the order dated 17th December, 2007 passed by the learned Civil Judge, Senior Division, 2nd Court, Barasat in Title Suit No.222 of 2007 by which the learned Trial Court although issued notice upon the respondents to show-cause why the prayer of the plaintiff for temporary injunction should not be granted, yet, refused to grant any ad interim order of injunction.
(2.) Being dissatisfied, the plaintiff has come up with the present first miscellaneous appeal.
(3.) The plaintiff-appellant filed the aforesaid suit against the Respondents, being Title Suit No.222 of 2007, thereby praying for the following relief: "(a) A decree for specific performance of the agreement dated 24th June, 2005, terms whereof are recorded in the Memorandum of Understanding dated 4th August, 2005; (b) A decree for specific performance of the agreement dated 4th August, 2005 by directing the defendant no.11 to handover the share certificates of 32,33,000 no. of shares, particulars whereof are set out in schedule hereto and the defendant nos.1, 2, 3, 4, 5, 6 and 7 be directed to execute the transfer deeds in respect of the shares standing in their respective names in favour of the plaintiff and/or his nominee; (c) Decree of mandatory injunction directing the defendants to take all such necessary steps as may be required to be taken by the said defendants for the purpose of sale and/or transfer of all the shares in the defendant no.8 in favour of the plaintiff and/or his nominees; (d) Decree for perpetual injunction restraining the defendants and each one of them from taking any step or further steps to transfer or caused to be transferred any shares held by them of and in the defendant no.8 or to deal with the same in any manner whatsoever contrary thereto and/or inconsistent with the agreement excepting for the purpose of transferring the said shares to and in favour of the plaintiff and/or his nominees; (e) A decree for perpetual injunction restraining the defendants to issue and/or caused to be issued any new or fresh or further shares of and in the defendant no.8; (f) Decree for perpetual injunction restraining the defendant nos.1 to 8 from dealing with, disposing of or in any manner encumbering the said land situated at BP2, Sector-V, Salt Lake, P.S. Bidhannagar, Kolkata; (g) Decree for perpetual injunction restraining the defendant no.2 and defendant no.9 from acting as directors of the defendant no.8; (h) Decree directing the defendant no.8 to rectify its Share Register and have the name of the plaintiff and/or his nominee or nominees entered in the same as registered holders of 32,30,000 shares in place and stead of the existing shareholders; (i) Decree of perpetual injunction restraining the defendant no.10 from handing over the sanction plan to the defendant no.2, defendant no.8 or defendant no.9 or to any other person except the plaintiff; (j) Decree of perpetual injunction restraining the defendant no.11 from handing over the shares of the defendant no.8 to anyone except the plaintiff; (k) Mandatory injunction directing the defendant no.11 to make over all share certificates deposited with the said defendant to the plaintiff; (l) Mandatory injunction directing the defendant nos.1 to 7 to execute transfer deeds in respect of all shares deposited with defendant no.11 and make over the same to the plaintiff; (m) Mandatory injunction directing the defendant no.8 to rectify its register of members by inserting the name of the plaintiff as the holder of all shares of an in the defendant no.8; (n) If necessary decree for deliver up and cancellation of 23 lakhs equity shares issued and allotted to defendant no.1 on December 26, 2005; (o) If necessary declaration that the issue and allotment of 23 lakhs equity shares of and in the defendant no.8 in favour of the defendant no.1 is illegal, null and void; (p) If necessary perpetual injunction restraining the defendant no.1 from exercising any rights or receiving any benefits in respect of 23 lakhs equity shares of and in the defendant no.8 referred to above; (q) Perpetual injunction restraining the defendant nos.1 to 9 and 11 from in any manner interfering with the management and affairs of the defendant no.8 and/or with the assets of the defendant no.8 and in particular and land described in paragraph 1 of the plaint; (r) Receiver; (s) Injunction; (t) Costs; (u) Further or other reliefs;";