Ghose, J. - (1.) This application has been made in the appeal that is now pending from an order made in an application under Sections 397, 398, 402, 403 and 406 of the Companies Act, 1956, in the Company Petition No. 392 of 1975. The said company petition was made in regard to the affairs of Debijhora Tea Company Ltd. (hereinafter referred to as the " said company") and was disposed of by the judgment and order passed by Salil K. Roy Chowdhury J. on March 31, 1977.
(2.) In the interlocutory application made in the appeal for stay of the said order under appeal, dated March 31, 1977, passed by Salil K. Roy Chowdhury J., superseding the board of directors of the company and appointing Mr. T, P. Das as special officer, the appeal court on April 6, 1977, passed, inter alia, the following orders : " The Court: The order of the learned trial judge will remain stayed subject to the following modifications : 1. The special officer, Mr. T.P. Das, appointed by the learned trial judge at the remuneration fixed by him will be present at each board meeting of the company as an observer. He will, however, have no right to participate in the deliberations of the board meeting or to cast any vote in the same. 2. The order of the learned trial judge superseding the board is stayed in its entirety and the board will continue to function in the usual way. If at any such board meeting, there is any dispute between the members of the board, all such disputes should be referred to the special officer, who will be present at such board meeting as observer, and the special officer will submit a report to the court with his comment. "
(3.) By another order dated March 14, 1978, thcoriginal appellants Nos. 3, 4 and 5, Bimal Kumar Hoare, Nirendra Nath Bagchi and Samarendra Nath Sen Gupta were transposed from the category of appellants to the category of respondents. Out of them, Bimal Kumar Hoare and Samarendra Nath Sen Gupta are two of the petitioners in the instant application. Mr, T. P. Das, the special officer, has been acting in terms of the above-mentioned order dated April 6, 1977.;