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2017 Supreme(Kar) 767

IN THE HIGH COURT OF KARNATAKA
RAGHVENDRA S. CHAUHAN, J.
M/s. Alliance University Chikkahagade Cross, Represented by Chancellor, Madhukar G. Angur - Appellant
Versus
Sudhir & Others - Respondents
Writ Petition No. 48506 of 2016
Decided On : 10-05-2017

Advocates:
Advocate Appeared:
For the Appellant : V. Lakshminarayana, Vivek S. Reddy, Ashok Haranahalli, Shaik Ismail Zabiulla, K.N. Subba Reddy, A.P. Pulakeshi, Mudit Kundlia
For the Respondents: Sajan Poovayya, D.N. Nanjunda Reddy, Jayakumar S. Patil, Shyam Sundar, Prasanna Kumar, Priyadarshi Banerjee, Pratibhanu Singh Kharola, R. Manjunath, Arun Srikumar

Headnote:CODE OF CIVIL PROCEDURE, 1908 – Order 1, Rule 10 & Order 6, Rule 17 – Impleading – Impleading petitioner as plaintiff in place of University – Petitioner challenging his removal from post of Chancellor – Relief claimed by petitioner in suit relating to University and can be challenged through Registrar of University – Projecting petitioner as plaintiff instead of University would change colour and character of suit – Relief of impleadment cannot be granted.

JUDGMENT :

1. The petitioner, M/s. Alliance University has challenged the part of the order dated 10.08.2016, passed by the XXVII Additional City Civil Judge, Bengaluru City (CCH-9), whereby the learned Civil Judge has dismissed the petitioner's application under Order 1, Rule 10 r/w Order VI, Rule 17 of CPC.

2. The impugned order is a composite order whereby the learned Civil Judge has also dealt with the petitioner's application under Order XXXIX, Rules 1 and 2 CPC, and with the application filed by the respondents under Order XXXIX, Rules 1 and 2 CPC, along with their counter claim. By the impugned order, while the learned Civil Judge dismissed the temporary injunction application filed by the petitioner, the learned Civil Judge allowed the application filed by the respondents. The petitioner has already challenged these other two parts of the impugned order by filing two different MFA's, namely MFA No. 6011/2016, and MFA No. 6012/2016, before this Court. Both these MFA's have been decided by this court by order dated 10.05.2017. Thus, the present order deals with the specific part of the impugned order mentioned hereinabove.

3. This case has a long and a chequered history which, out of sheer necessity, needs to be narrated. For, the events are relevant in order to understand the myriad contentions and counter-contentions subsequently raised by the learned Senior Counsel for the parties.

4. Mr. Madhukar Angur, the alleged Chancellor of the petitioner University, and Mr. Sudhir Angur, the respondent No. 1, are real brothers. Mrs. Shaila Chebbi, respondent No. 2, and Mrs. Mala Gouda, respondent No. 3, are their real sisters. Mr. Abhay Chebbi, respondent No. 4, is son of Mrs. Shaila Chebbi, and thus, the nephew of Mr. Madhukar Angur. Mr. Prakash Siddappa, respondent No. 5, on the other hand, is an ex-employee of the petitioner University. The bone of contention in the present case is the management of the Alliance University. The contest is between Mr. Madhukar Angur, who claims to be the Chancellor of the University, appointed for life, and Mr. Sudhir Angur who equally claims to be the lawfully appointed Chancellor of the University. The other respondents, named above, claim to be the Directors of the Alliance Business School Pvt. Ltd, the Sponsoring Body of the petitioner University. They are supporting the case of Mr. Sudhir Angur.

5. Way back in 1997, Mr. Sudhir Angur had established the Sainath Education Trust. Mr. Sudhir Angur was the Managing Trustee. The Managing Trustees operated the Alliance Business Academy. On 16-6-2005, the Alliance Business School, ('the Company', for short), a private limited company, was registered under the Company Act, 1956. The founding shareholders of the said Company were the two sisters of Mr. Sudhir Angur, namely Mrs. Mala Gouda, who held 5000 shares, and Mrs. Shaila Chebbi, who also held another 5000 shares. Thus, the Company began with 10,000 shares.

6. Around 2007, Mr. Madhukar Angur was teaching at the University of Michigan in the United States of America. On 25-4-2007, he was inducted as a Director of the Company. On 27-11-2008, he was appointed as the Managing Director of the Company. Thus, on 20-5-2009, the Board of Directors consisted of Mr. Madhukar Angur, as the M.D., and Mrs. Mala Gouda and Mrs. Shaila Chebbi as the Directors. During the period of 2005 to 2009, the shares of the Company increased exponentially. On 20-5-2009, the Board allotted 2,40,000 shares in favour of Mr. Madhukar Angur. Subsequently, on 16-10-2009, Mrs. Mala Gouda transferred 2500 shares of hers to Mr. Madhukar Angur. On the same day, she also transferred her remaining 2500 shares to Mr. Sachindananda Machineni. He was also inducted as a Director of the Company. Likewise, on 16-10-2009, Mrs. Shaila Chebbi transferred her 5000 shares to Mr. Madhukar Angur. On 16-10-2009 itself, both Mrs. Mala Gouda and Mrs. Shaila Chebbi resigned from the Board of Directors of the Company.

7. But on 6-4-2010, Mr. Madhukar Angur


































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