SHARMILA VIJAY SHETTY, RESIDING AT B Vs. HEMENDRA PRASAD BAROOAH & 10 ORS, R/O CLUB ROAD, JORHAT, ASSAM, SUBSTITUTED BY SOMNATH CHATTERJEE, RESPONDENT NO. 5, SINCE DECEASED

JUDGEMENT

(1.) This is an appeal under Order XXXXIII Rule 1(r) of the Code of Civil Procedure, 1908, read with Sec. 104 of the said Code against the order dated 11.08.2014 passed by the learned Civil Judge, Jorhat in Misc. (J) Case No.32/2012 arising out of Title Suit No.47/2012 making the ad-interim injunction granted on 29.08.2012 absolute.

(2.) Respondent Nos.1 to 5 have instituted a suit in the Civil Court at Jorhat against the appellant where respondent Nos.8, 9, 10 and 11 have also been arrayed as defendants. In fact, appellant and respondent Nos.8 to 11 have been arrayed as defendant Nos.1 to 5 in the said Title Suit, which has been registered as Title Suit No.47/12, now pending adjudication before the Civil Court at Jorhat. The suit has been instituted primarily for declaring transfer of 2,21,230 shares of Rs.10 each, all fully paid up, of Barooah & Associates Ltd. (respondent No.8 herein and defendant No.2 in the suit) in favour of the appellant as illegal and null and void.

(3.) Case of the plaintiffs as projected in the plaint is that respondent No.8 is the flagship company of plaintiff No.1. Shares of respondent No.8 are listed in the Bombay Stock Exchange (BSE). Plaintiff No.5 is the Managing Director of respondent No.8 (company hereafter). Plaintiff No.1 was the driving force behind respondent No.8 and on his death, he has been substituted by respondent No.5.