Mr. Ameer Ali :-

The plaintiff (respondent) is a shareholder in the Bharatkhand Cotton Mills Com pany, Limited, carrying on business in the City of Ahmedabad, Bombay Presidency. He brought this suit, the nature of which will be explain ed presently, so long ago as the 5th January, 1909. The first five defendants are managing agents and directors of the Company, the sixth is a retired director; the seventh defendant is the Company itself, having been added as a party to the suit later in the course of the proceedings.

The first defendant (the present appellant before the Board), Keval das Tribhovandas acted as Chair man of the Board of Directors and is the manager of the Company. The plaintiff seeks in the suit an account of the funds belonging to the Company used by the appellant for his own purposes, and for a declaration that a weaving factory erected and worked by him is the property of the Company. The Company appears to have been established sometime in the year 1896. The evidence shows that in 1905 the defendant Kevaldas Tribhovandas started the weaving factory which he claimed as his own property. The plaintiff char ges that that factory was built and erected by the defendant