STEEL ENTERPRISES P LTD Vs. SAROJ SOMANI

JUDGEMENT

(1.) This application arises out of a revision petition filed in this Court which is directed against an order dated 26th of September, 1975 passed by Sri A. K. Sil, learned Subordinate Judge, Second Court, Alipore, 24-Parganas in title suit No.146 of 1975 (Smt. Saroj Somani v. Ms. Steel Enterprises Pvt. Ltd. and Ors.) (hereinafter referred to as the said suit). The facts of this case, so far as relevant for the purpose of this application, are set out herein below.

(2.) This suit was instituted by Smt. Saroj Somani for declaration that the defendant Nos.2, 3 and 8 therein are not Directors of Defendant No.1, Steel Enterprises Pvt. Ltd. (hereinafter referred to as the said Company); a declaration that the meeting of the Board of Directors of the said company purported to be held on January 31, 1975 is illegal and void; a declaration that the transactions purported to be passed at the meeting of the Board of Directors of the said Company held in the absence of the plaintiff since her appointment are not binding on the plaintiff and the said Company declaration that the defendants Nos.2, 3, 8 and 9 are not capable and a fit to be appointed and/or to hold office as Directors of the said Company; a declaration that the purported annual general meeting of the said company scheduled to be held on 25th of August, 1975 is illegal, void and of no effect; permanent injunction restraining the defendants Nos.2, 3, 8 and 9 from acting and/or discharging duties as Director of the said Company and/or holding the office of Directors and/or performing the function of Directors of the said Company; injunction restraining the defendant Nos.2, 3, 8 and 9, their servants and agents from interfering with the management of and the affairs of the said company and for various other orders. In that suit an exparte application was moved for appointment of Administrator and/or Special Officer of the said company with inter alia, all the powers of management, custody of the books, documents, property, assets and for carrying on the business of the said company and for other orders. Upon such application being made the learned 2nd Subordinate Judge at Alipore by his order dated 26th of January, 1975 directed issue of notice calling upon the defendants to show cause within fifteen days from the service thereof as to why the plaintiff's prayers in the terms as prayed for should not be granted till disposal of the suit. The learned Subordinate Judge also passed an ad interim order to the following effect: - "Having regard to the facts and circumstances of the case as mentioned above and for the purpose of keeping employment and production going on, increasing revenue to the Government and protecting interest of every body. I am inclined to allow the persons (3) in terms of the prayers made in the present petition as it appears to me to be just and convenient, with the condition that receiver/administrator to be appointed shall conduct the business, management and affairs of the company as noted below.

(3.) Let Sri Ranadev Chowdhury Bar-at-Law, and Sri P. N. Mathur, Chairman, BIC, Kanpore, be appointed as Administrators, for management, custody and possession of the assets properties and business of the company till disposal of the present petition. They shall work in terms of prayer (a), (b) and (c) to the petition. They shall be entitled to take necessary steps for compliance of this order including help from Govt. authorities and police.