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2011 Supreme(AP) 501

C.V.NAGARJUNA REDDY
Narne Estates Private Ltd. , Represented by its Chairman and Managing Director – Appellant
Versus
N. Gopal Naidu – Respondent


Advocates appeared:
For the Petitioner:G. Rama Krishna, Advocate.
For the Respondent:R1 - Gaddam Srinivas, Advocate.

Judgment :

This Civil Revision Petition arises out of order dated 18-1-2011 in I.A.No.71/2010 in O.S.No.9/2004 on the file of Senior Civil Judge, Bhongir, Nalgonda District.

The petitioner-company is the plaintiff in the suit filed for perpetual injunction against respondent No.1. It is its case that respondent No.1 was its Director at one point of time, that in his capacity as the Director, he obtained General Powers of Attorney in his favour from various land owners on its behalf, that as he started misusing the said General Powers of Attorney, the petitioner was constrained to file the suit for perpetual injunction. When an ad interim injunction was granted in its favour, the same was questioned in C.M.A.No.543/2005 and this court in CMA.M.P.No.1228/2005, on 13-9-2005, while granting suspension of the interim injunction, inter alia, made the following observations:

“Prima facie, no declaratory decree is sought against the petitioner in the main suit declaring that he ceased to be a director of the company except seeking injunction restraining him from the sale of the company properties.”

More than five years after the said observations were made, the petitioner filed I.A.No.71/2







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