AMBARI TEA COMPANY LIMITED Vs. MANJUSHREE SAHA

JUDGEMENT

(1.) - Sandhyasree Saha and Manjushree Saha the plaintiffs, instituted the above Suit on or about the 15th May 1984 with leave under Clause 12 of the Letters Patent and also Order 1, Rule 8 of the Code of Civil Procedure against Ambari Tea Company Limited, Krishnagopal Kundu Saha, Naresh Acharya Bhadhuri, Nandadulal Saha, Juthika Saha, Himangshu Dutta, Ruprakash Saha, Santosh Saha and Shamananda Saha impleaded respectively as the defendants Nos. 1 to 9 claiming, inter alia a declaration that the notices, dated April 23, 1984 convening the 74th, 75th and 76th Annual General Meeting of the Ambari Tea Company Ltd., the defendant No. 1, on May 19, 1984 are illegal, void and inoperative; a perpetual injunction restraining the defendants Nos. 2 to 8 from holding the said Annual General Meetings of the defendant No. 1 in pursuance of the said notices on May 10, 1984 or on any other date or passing any resolution thereat; a declaration that the defendants Nos. 2 to 8 and each one of them have ceased to be the directors of the defendant No. 1 and cannot act as such; an injunction restraining the defendants No. 2 to 8 from holding out or acting as directors of the defendant No. 1; the Board of Directors of the defendant No. 1 be superseded and a Receiver or Special Officer or Administrator be appointed to conduct the management and affairs of the defendant No. 1 vested with the full powers of the Board of Directors of the defendant No. 1.

(2.) The case of the plaintiffs in the plaint is, inter alia, that-

(3.) On a notice taken out sometime in May 1984 the plaintiffs made an application in the suit for the following orders: