Shingal, J. - (1.) This application relates to the main Company Petition No. 10 of 107 filed by the applicants under sections 397 and 398 of the Companies Act, 1956. That petition is pending trial and, in the meantime, the present application has been mad, under section 403 of the Companies Act, and rule 9 of the Companies (Court) Rules, 1959, etc. for certain interim reliefs in addition to the interim reliefs granted by the then Companies Tribunal when the case was under consideration there.
(2.) An occasion for the filing of the present application arose on the institution of a suit (No. 3211 of 1969) on 23rd September, 1969, in the ordinary original civil jurisdiction of the High Court at Calcutta by Messrs. Arvind Finance Company Private Limited, Calcutta, against the Edward Mills Company Limited, Beawar, respondent No. 1, hereinafter called the "the Company". The claim in the suit is for the recovery of Rs. 6,01,235 and Rs. 53,127 from the Company. An application was made in the suit for the appointment of a Receiver and it was allowed by an order of the Hon'ble Court, dated 31st October, 1969, after notice to the Company. The applicants have taken the occasion to reiterate their grievances against the Company and some of its directors and have alleged, inter alia, that the aforesaid suit has been instituted as a result of collusion between the so-called Tatia Group of the respondents and Messrs. Arvind Finance Company Private Limited, Calcutta. It has been pointed out in this connection that information regarding the filing of the suit was withheld from the applicants and the matter was not even put up for the consideration of the Board of Directors. A number of prayers have therefore been made for interim relief.
(3.) The Company and the Arvind Finance Company Private Limited have filed replies to the application and I have heard the learned Counsel.;