LAWS(MAD)-1980-8-12

MANIKYARAJ BALLAL Vs. K JAYARAJA BALLAL

Decided On August 01, 1980
MANIKYARAJ BALLAL Appellant
V/S
K. JAYARAJA BALLAL Respondents

JUDGEMENT

(1.) THESE two petitions are preferred by Thiru Manikyaraja Ballal the first counter-petitioner in Case Nos. 2 of 1980 and 1 of 1980 respectively (A. 4/42459 and A. 4/42458 of 1980 respectively) on the file of the District Magistrate and Collector of Madras, under section 482, Criminal Procedure Code, for quashing the entire proceedings taken therein.

(2.) AS the facts in both the petitions, except for a small variation, and the submissions made by the learned counsel appearing for both the parties are common, a common order is rendered.

(3.) THE petitioner and respondents 1 and 2 are brothers, of whom the first respondent is the eldest. THE first responded, in pursuance of a tripartite agreement, dated 27th September, 1973, acquired the undertaking known as Hotel Palmgrove owned by Messrs. N. Satyanathan & Sons Private Limited and was appointed as a Director of the company on 29th August, 1973. THE entire share holdings held by the company were acquired by the first respondent and some others. Similarly, he has also acquired the controlling interest in Madias Hotel Ashoka (Private) Limited, who are the owners of the Hotel known as Hotel Ashoka at Egmore. THE first respondent is also the chairman and Managing Director of this company. Apart from this, their family owns extensive plantations and transport business. Recently, the petitioner herein (Manikyaraja Ballal) and another, with a view to unlawfully exclude the first respondent four the control of the two Hotels, attempted to convene the General Body Meeting of Madras Hotel Ashoka Private Limited on 22nd April, 1980 and of M/s. N. Sathyanathan and Sons Private Limited on 21st April, 1980 but failed in that attempt.