SIKKIM BANK LTD Vs. R S CHOWDHURY

JUDGEMENT

(1.) In terms of the earlier order of this court the applications being G. A. Nos. 3000 of 1999, 3430 of 1999 and 4131 of 1999 in connection with Civil Suit No. 408 of 1999 and the applications being G. A. Nos. 3466 of 1999 and 3592 of 1999 in connection with Civil Suit No. 452 of 1999 are taken up for hearing inasmuch as the points involved in all the aforesaid applications are identically common and decision in any one of the aforesaid applications will some way or other have final effect on other applications.

(2.) Civil Suit being No. 408 of 1999 has been filed in the name of Sikkim Bank Limited and the other four persons, viz., S. N. Kundu, Dr. A. Sahoo, Timir Baran Ghosal and R. N. Bhattacharjee who are claiming to be the nominee directors appointed by the Reserve Bank of India of plaintiff No. 1 against other two defendants, viz., R. S. Chowdhury and K. L. Roy who are other directors challenging the legality and validity of the resolutions said to have been passed at the annual general meeting by the respondents on March 22, 1999, and other resolutions adopted at the meeting of the board of directors dated July 16, 1999. In connection with the aforesaid suit the plaintiffs have asked for interlocutory relief of injunction from giving any effect and further effect to the aforesaid resolution and for order of injunction restraining the respondents, their servants, agents or assigns from interfering in any manner with the management and administration of petitioner No. 1 and further an appropriate order of injunction restraining the respondents from instituting and/or defending any suit or proceeding in the name and/or on behalf of petitioner No. 1 and further order of injunction restraining the respondents from electing or co-opting or in any manner inducting" any director in the board of petitioner No. 1.

(3.) In connection with the aforesaid interlocutory application an order of status quo was passed by me amongst others from giving any effect or further effect to the aforesaid resolutions adopted in the annual general meeting, allegedly held on March 22, 1999, and also those of other board meetings dated June 27, 1999 and -July 16, 1999.