A.K. Sen Gupta, J. - (1.) In this interlocutory application, the plaintiffs have, inter alia, asked for the following reliefs : (i) Appointment of an administrator and/or special officer over the defendant -company, the Luxmi Tea Co. Ltd. to take over its management; (ii) For certain orders of injunction, - - (a) restraining defendants Nos. 2 to 8 from holding out or acting as directors ; (b) restraining defendant No. 9 from holding out or acting as the secretary of the defendant -company ; (c) restraining the defendants from dealing with or alienating or encumbering the company's assets or parting with its possession or from entering into any further contracts or operating the company's bank account or selling the company's tea except by public auction and restraining the defendant -company from allowing Carritt Moran and Co. P. Ltd. ("Carritt Moran") to act as tea -broker of the defendant -company and allowing one Debu Chatterjee to act as manager of the defendant -company's Narayanpur Tea Estate both pursuant to the company's board resolutions ; (d) injunction restraining the defendant -company from giving effect or further effect to the transfer of any of the 1,348 shares mentioned in annexure 'A' to the petition and from allowing any right to be exercised in respect of such shares including the voting rights or receiving any dividend ; (e) injunction restraining defendants Nos. 2 to 9 from using any funds of the defendant -company for the purpose of defending the pending proceedings under Sec. 155 of the Companies Act, 1956 (Companies Act), and appeal pending before the Central Government under Sec. 111 of the Companies Act; (iii) An order directing the administrator and/or special officer to be appointed to conduct and preside over the company's seventy -fourth annual general meeting which was for the financial year ended on March 31, 1986, with ancillary directions upon the administrator and/or special officer regarding such meeting ; (iv) And for ad interim orders in terms of the aforesaid.
(2.) On the said interlocutory application which was moved on September 16, 1986, R.N. Pyne J. (as his Lordship then was) made an interim order directing that the resolution passed at the said annual general meeting due to be held shall be subject to and would abide by the results of the application and the advocates -on -record of the plaintiffs and the defendants were appointed as joint special officers for the purpose of making an inventory of the share register, share transfer register and transfer deeds relating to the said 1,348 shares.
(3.) Pursuant to the said order, the inventory has been completed in the month of September, 1986. It appears that the plaintiffs preferred an appeal. It is alleged that the company, while contesting the said application filed by the plaintiffs in the said appeal, contended that the disputed shares were not 1,348 but were only 779 shares which were described as "dead shareholders". It may be mentioned that the said 1,348 shares and 779 shares constitute 8.4% and 4.8% respectively of the paid -up capital of the company.;