JYOTISH CHANDRA BORBORA Vs. BURA GOHAIN TEA CO PVT LTD

JUDGEMENT

(1.) By this revision petition the petitioner has challenged the ex parte Order of ad interim injunction dated 26-8-92 passed by Munsif No. 1, Golaghat in Misc. (J) Case No. 14/92 arising out of Title Suit No. 24/92.

(2.) The petitioner is the Joint Managing Director of Buragohain Tea Estate (P) Ltd., Golaghat. The aforesaid Buragohain Tea Estate (P) Ltd. is a registered company incorporated in 1927 for cultivation of tee and other activities as detailed in the Memorandum of the Association of the company. The respondent is a shareholder of the said company.

(3.) The case of the petitioner is that the respondent filed Title Suit No. 24/92 in the Court of learned Munsif No. 1, Golaght for a declaration that the impugned resolutions Nos. l, 2 and 3 adopted in the Extraordinary General Meeting of the said company held on 17-8-92 as illegal, void and inoperative in law and for a further declaration that the extraordinary general meeting of the company dated 17-8-92 was illegally held in violation of the Article of Association of the said company and for permanent injunction restraining all the defendants from giving effect to the aforesaid impugned resolutions Nos. 1, 2 and 3 for the best interest of the company. The respondent also filed a special petition in the Court of learned Munsif under O. 39, Rr. 1 and 2, C.P.C. for granting temporary injunction restraining the present petitioner (sic) from giving effect to the aforesaid resolutions Nos. 1, 2 and 3 of the extraordinary general meeting of the shareholders of the company till disposal of the suit. In the aforesaid suit and the petition for injunction, the company and the present petitioner along with some others were impleaded as defendant/opposite parties.