VIJAY KUMAR GUPTA Vs. RAM NARESH SINGH

JUDGEMENT

(1.) Defendant Nos. 1 and 2 are the petitioners against the order dated 18-2-2002 passed by the Subordinate Judge II, Sheikhpura, in Title Suit No. 18of 1995, rejecting their applications dated 6-12-2001 and 13-12-2001 under Order XIV Rule 2 of the Code of Civil Procedure (hereinafter referred to as 'the Code') challenging the maintainability of the suit.

(2.) The plaintiff-opposite parties filed a suit for declaration that the appointment of defendant No. 2 petitioner as Additional Director of Barbigha Cold Storage is illegal; the appointments of Sanjiv Gupta, son of defendant No. 2 and two other persons, namely, Amoo Kumar and Janardan Singh as employees of the said Cold Storage are illegal and they are not entitled to handle any work of the Cold Storage; for grant of interim injunction restraining defendant No. 1 petitioner from making any expenses of the Cold Storage Company without the sanction of plaintiff Nos. 1 and 2 and defendant No. 3; and for restraining the defendants from making any objection in the legal discharge of duty of plaintiff Nos. 1 and 2 and defendant No. 3 as Director of the Company.

(3.) The undisputed fact is that the Barbigha Cold Storage (hereinafter referred to as 'the Cold Storage') is a registered private company under the Companies Act (for short 'the Act') and is in existence since 1961, Its place of business is Barbigha in the district of Munger. Its registered office is at Calcutta. The total shares of the Company are 36,004 and each share is valued at Rs. 10 and the person qualified to be appointed as Director is required to have company shares of the value of Rs. 10,000 i.e. 1,000 shares. The vacant posts of Director and employees are filled up by the decision of the Board.