KIRPA RAM Vs. SHRIYANS PRASAD AND ORS.

JUDGEMENT

(1.) THIS judgment will dispose of two Misc. Applications Nos. 89 of 1951 and 98 of 1951. In the former counsel moves that suit No. 56 of 1951 "Kirpa Ram v. Shiryans Prasad and Ors." pending in the Court of Mr. Y.L. Taneja, Sub -ordinate Judge, Delhi, be transferred to this Court, and in the latter he moves that temporary injunction be issued against the Defendants not to proceed with the scheme which is the subject -matter of the suit pending the decision of the suit. Rule was issued on both these applications by me.

(2.) ON 2 -3 -1951 the Deputy Registrar of the Court mentioned to me that Mr. Ram Lal Anand, Advocate, had on behalf of the Defendants got into touch with him and had requested that he wanted to move for the discharge of the ad interim injunction and that I should sit on Saturday and hear the case. As I had to be away from Simla I allowed the Advocate to move me at Ludhiana. After hearing arguments I did not feel inclined to discharge the injunction, but as I was informed that the matter was of great importance, as indeed it was, I fixed the hearing of the case here on the 7th during the vacation, and the case was heard on the 7th and 8th.

(3.) IN para 7 of the plaint it is stated that Defendants 1 to 4 and the nominees of Defendant 9 control an overwhelming majority of shares in the Bharat Bank and it is therefore not possible to challenge their 'misdeeds" in the domestic forum where no relief to the Plaintiff or the minority shareholders is available.