GHCL LIMITED Vs. ARUN GOENKA

JUDGEMENT

(1.) RULE. Service of rule is waived by learned advocate Mr. Bijal Chhatripati for M/s. Singhvi and Co., who appears on caveat, for the respondent.

(2.) IN view of the request for urgent circulation granted, the present civil application has been moved which has been permitted by the Honourable the chief Justice and the matter has been taken up.

(3.) THE Suit has been filed for the aforesaid prayer on the grounds stated in Para 10 regarding the cause of action that Mr. R.S. Jalan, Jt. Managing Director of the company has not acted in the interest of the company and has not carried out his responsibilities towards the company and has been guilty of malpractices, malfunctioning, mismanagement and manipulations. THE notice has been given on 4.8.2011 regarding removal of Mr. Jalan as Jt. Managing Director of the company, which is produced at Annexure-B. THE same has been replied vide letter dated 18.8.2011 making it clear that out of the two Jt. Managing Directors, Mr. Sampath has resigned from the company way back in October, 2007. In response to this communication, the respondent-original plaintiff again wrote a letter dated 27.8.2011 and insisted for the resolution for removal of Mr. Jalan as Jt. Managing Director of the company at the AGM. THE learned Chamber Judge, City Civil and Sessions Court, Ahmedabad, passed an ex-parte order directing the company to place the plaintiff's proposal to remove Mr. Jalan, Jt. Managing Director of the company, before the AGM scheduled to be held on 2.9.2011 or any other adjourned meeting. It is this order which has given rise to the present Appeal from Order and the Civil Application.