LAWS(CAL)-1993-2-40

SAMBHU CHARAN BHATTACHARYYA Vs. THE STATESMAN LTD.

Decided On February 09, 1993
Sambhu Charan Bhattacharyya Appellant
V/S
The Statesman Ltd. Respondents

JUDGEMENT

(1.) There are three applications which should be disposed of together. The first application is a motion of the Plaintiffs/Petitioners Shambhu Charan Bhattacharyya and his wife regarding certain injunctions and other orders in respect of 2000 shares of The Statesman Ltd., the Defendant, which were held by him and his wife. It is in dispute whether these shares are still held by them either beneficially or fully.

(2.) The second application is an application by the Defendant, for vacating of an interim order which was passed in the application of the Plaintiffs/Petitioners. On October 17, 1992, an order of injunction was passed in effect restraining transfer or registration of transfer of these 2000 shares to any others than the first Plaintiff and his wife. It is submitted on the part of the Plaintiffs that the order was communicated on the phone on October 17 1992, itself but that is in dispute. The order was admittedly communicated at least on October 19, 1992. But, it is said by the Defendant, that, by then, and in fact on October 17, itself, the whole process of registration and transfer of the shares had been completed, and that the names of the Plaintiffs had been already deleted from the register of share -holders.

(3.) The third application is an application in Chambers for amendment made out by the Plaintiffs largely upon the alleged subsequent events that came to be known to the Plaintiffs. The names and addresses of the seven transferee share -holders are to be incorporated, who, according to the Plaintiffs, have, at least now, to be impleaded so as to make the reliefs claimed by the Plaintiffs effective as against all parties whose interests might be affected.