R N JALAN Vs. DECCAN ENTERPRISES PVT LTD

JUDGEMENT

(1.) THESE applications under section 402 of the Companies Act, 1956, read will rule 9 of the Companies (Court) Rules, 1959, are filed by respondent No. 9 in the company petition supported by his affidavit sworn to on August 29, 1988, for the following interlocutory reliefs pending the decision on the company petition :

(2.) THE managing director of the company (third respondent) and his group oppose these applications and a counter-affidavit of the third respondent sworn to on September 23, 1988, has been filed. The petitioners in the company petition support the applications and the counter-affidavit of the first petitioner sworn to on March 2, 1989, has been filed. The ninth respondent filed a reply affidavit sworn to on April 10, 1989. The second respondent has filed an affidavit sworn to on September 28, 1989, and petitioner No. 1 has filed an affidavit sworn to on September 29, 1989. A further affidavit of the third respondent sworn to on October 5, 1989, has also been filed.

(3.) FOR the sake of convenience, the parties are hereafter referred to according to their rankings in Company Petition No. 27 of 1987. It is filed in June, 1987, under sections 397 and 398 of the Companies Act, 1956, seeking several reliefs, complaining of oppression and mismanagement by two petitioners, i. e. , husband and wife, and they impleaded their son as respondent No. 11. During the pendency of the case, respondent No. 11 has been transposed as petitioner No. 3. The three petitioners belong to the Khemka family, hereinafter referred to as "k group". The first respondent is a private limited company incorporated in 1966, having its registered office at Secunderabad and factory at Balanagar, Hyderabad. The second respondent is the secretary of the company. Respondents Nos. 3 to 9 belong to the "jalan" family (hereinafter referred to as J group ). Respondent No. 8 is the father of respondent Nos. 3, 7 and 9. Respondent No. 4 is the wife of respondent No. 3, respondent Nos. 5 and 6 are the children of respondents Nos. 3 and 4. Respondent No. 12 is the Registrar of Companies. Respondent No. 10 is a minor shareholder supporting the petitioners.