- (1.) THIS application is directed against an order dated April 18, 2008, passed by the Hon'ble first Court in three applications being G. A. No. 2676 of 2007, G. A. No. 3854 of 2008 and G. A. No. 902 of 2008.
(2.) THE facts revealed that on August 10, 2007, the plaintiffs Fiona Roy, pavitra Roy and Aakash Roy filed a suit being C. S. No. 181 of 2007, inter alia praying for the following reliefs: "a) A decree of declaration declaring that the plaintiffs are the share holders in respect of 30,100 equity shares valued at Rs. 10/- each of the defendant no. 4 on and from May 21, 2007: b) A decree of declaration that the defendant Nos. 2 and 3 are not entitled to represent the company, being the defendant No. 4 in any manner whatsoever; c) A decree of perpetual injunction restraining the defendant Nos. 2 and 3 and defendant No. 4 and/or their employees, agents, servants, assigns from withdrawing any money from the bank accounts of the defendant no. 4, including those particulars whereof are given in paragraph 5 hereinabove and/or from withdrawing the Title Deeds in respect of the properties mentioned in paragraph 8 hereinabove which is lying with the defendant No. 1. d) A decree of perpetual injunction restraining the defendant Nos. 2 and 3 their agents, servants, assigns from transferring, dealing with, disposing of, alienating and/or creating any third party interest in respect of the assets and the properties of the defendant No. 4 including the properties mentioned in paragraph 5 and 8 hereinabove; e) A decree of perpetual injunction be passed restraining the defendant nos. 2, 3 and 4, their servants, agents, successor-in-office, assigns successor-in-interest, and/or each one of them from withdrawing any money lying in the bank accounts particulars whereof are given in paragraph 5 hereinabove and also from any other bank accounts in the name of the defendant No. 4; f) A decree of perpetual injunction restraining the defendant No. 1 from handing over the Title Deeds, particulars whereof are given in paragraph 8 hereinabove to the defendant No. 2 and/or defendant No. 3 and/or defendant No. 4 and/or their employees, agents, servants and assigns; g) A decree of mandatory injunction directing the defendant No. 1 to hand over the Title Deeds in respect of the properties mentioned in paragraph 8 hereinabove to the plaintiffs; h) A decree of mandatory injunction be passed directing the defendant no. 1 and defendant No. 5 not to allow any withdrawal of money from the accounts particulars whereof are given in paragraph 5 hereof, by and/or on behalf of the defendant No. 2 and/or the defendant No. 3 and/or the defendant No. 4; i) Receiver; j) Injunction; k) Attachment before judgment; l) Costs: m) Further and/or other reliefs. "
(3.) THE plaintiffs/respondents filed the said suit claiming to be the successors of one Soumendra Prakash Roy, since deceased, the promoter/director of the appellant company and further claimed right over the 30,100 equity shares in the appellant company which were standing in the name of the said Soumendra Prakash Roy, since deceased.;