SANTOSH PODDAR Vs. KAMALKUMAR PODDAR

JUDGEMENT

(1.) THE plaints in both these suits have been placed before us in somewhat unusual circumstances.

(2.) THE plaintiffs in Plaint Lodging No. 396 of 1992 had filed Suit No. 6975 of 1991 in the City Civil Court at Bombay for a declaration that the first defendant therein had ceased to be a Director of Poddar Tyres Limited, the third defendant therein with effect from 31st December, 1990. They sought a further declaration that all meetings of the Board of Directors of the third defendant Company held after 31st December, 1990 and in particular, the meetings allegedly held on 23rd March, 1991 and 10th June, 1991 are illegal, invalid, non est and the resolutions passed at these meetings are illegal, invalid and non est and not binding on the third defendant Company or the plaintiffs. They sought a further declaration that they continued to be the Directors of the third defendant Company and their purported cessation as such Directors in invalid, illegal, non set and void.

(3.) THE plaintiffs in Plaint Lodging No. 395 of 1992 had filed a suit in the City Civil Court at Bombay, being Short Cause Suit No. 7688 of 1991 in which they have prayed that the first defendant in that suit had ceased to be Director of Poddar Tyres Limited, the third defendant therein, with effect from the 30th September, 1991. In both these suits each of the prayers dealing with the above declarations had been valued at Rs. 300/- on the ground that the prayers were incapable of monetary valuation and the plaintiffs paid a court fee of Rs. 30/- on that basis under section 6 (iv) (j) of the Bombay Court Fees Act, 1959.