HARIKUMAR RAJAH Vs. ASHOK R. THAKKAR

JUDGEMENT

(1.) THIS application is for the grant of leave to sue the defendants,

(2.) THE suit prayers, inter alia, are for declaration that the allotment of shares made in favour of the defendants in the year 1979 are null and void; for declaration that the nomination of the defendants 1 to 3 is null and void; for declaration that the nominees of the plaintiff are duly elected in the annual general body meeting held on 20 -6 -1998; for declaration that E.G.M. held on 25 -11 -1998 is null and void; for permanent injunction restraining the defendants from alienating the properties of the company.

(3.) THIS court issued notice to the respondents in this application. A counter affidavit has been filed by the respondents. In the counter it is contended that the relief prayed for cannot be granted by this court. It is further stated that the plaint schedule property belongs to the company and it is at Noombal Village which is beyond the territorial jurisdiction of this court. Neither the defendants nor the plaintiffs have any right, title or interest in the property. The allotment of shares have been made in 1979 itself; but that does not give the cause of action to file the suit in this court. The relief sought for in the plaint was already claimed in C.P. 49 of 1987 before this court and in C.P. 81 of 1998 before the Company Law Board. All the contentions raised by the plaintiffs were negatived by this court as well as by the Company Law Board. The order passed by this court or by the Company Law Board did not provide any cause of action to the plaintiffs and no suit can be filed on the basis of those orders.