S.M. JHUNJHUNUWALA, J. :---By this Chamber Summons, the defendants 1 and 2 who are directors of Britania Industries Limited, the 7th defendant in the suit seek that;

i) names of the plaintiffs 1 and 2 be struck out and/or deleted from the cause title of the plaint filed in the suit;

ii) the portions of the pleadings putforth in the plaint as more particularly mentioned in the Schedule to the Chamber Summons be struck out and/or deleted; and

iii) the verification clause of the plaint filed to struck out and plaint be returned as defective.

2. The 1st plaintiff is a Company incorporated under the laws of the United Kingdom. The 1st plaintiff holds 50% of the share capital of a Company called `Associated Biscuits International Holdings Ltd.' (for short, `ABIH') which is also incorporated under the laws of the United Kingdom. ABIH holds 100% of the share capital of a Company called `Associated Business International Ltd.' (for short, `ABIL'), a Company also incorporated under the laws of the United Kingdom. ABIL in turn holds directly or indirectly through Nat West Nominees Ltd., (for short, `NAT WEST') 38.15% of the issued capital of the 7th defendant Company. The 2nd plaintiff though not a shareholder is a Director of the 7th defendant Company having been nominated on the Board of Directors of 7th defendant by the 1st plaintiff. The 3rd plaintiff holds 294 shares in the Vth defendant Company. The defendants 1 to 6 are Directors of the 7th defendant Company. The 1st defendant is Chairman of the Board of Directors of the 7th defendant Company. The 2nd defendant is the wife of the 1st defendant. Apart from defendants 1 to 6, the Board of Directors of the 7th defendant Company comprises of Mr. J. Gagrat, Mr. Sawai Bhavani Singh of Jaipur, Mr. Pierre Bennet, Mr. Claude Le Gouis, who are not parties to the suit and the 2nd plaintiff. The 7th defendant Company is a public limited Company duly incorporated under the provisions of The Indian Companies Act, 1913 and is an existing Company under the provisions of The Companies Act, 1956. The 8th defendants are a partnership firm. The 9th defendant is a Company incorporated in Singapore. The 10th defendant is also a Company incorporated in the British Virgin Islands. The 11th defendant is also a Company incorporated in Liberia. The 12th defendant is brother-in-law of the 1st defendant and was appointed as General Manager Exports of the 7th defendant in the year 1991.

3. According to plaintiffs, as averred in the plaint filed, the defendants 1 to 6 who were at all material times Directors of the 7th defendant Company are interested and/or concerned in or with defendants 9, 10 and 11. The defendants 1 to 6 as Directors of 7th defendant Company arranged for :

i) all transactions of export of cashew and soya meal by the 7th defendant to be routed only through defendants 9, 10 and 11;

ii) a sum of as much as approximately Rs. 25 crores to be advanced and made available to themselves by the 7th defendant in the guise of providing six months unsecured interest fee/concessional rate credit only to defendants 9, 10 and 11;

iii) the profit that would have normally been earned by the 7th defendant on all such transactions to be diverted to themselves through defendants 9, 10 and 11.

It is further averred that the defendants 1 to 6 have illegally, wilfully and fraudulently suppressed and failed to disclose their interest and concern in or with defendants 9, 10 and 11 and the transactions undertaken by the Vth defendant with defendants 9, 10 and 11 as a consequence of non-disclosure of interest, the defendants 1 to 6 have vacated their office as directors of the 7th defendant Company under the provisions of The Companies Act, 1956. It is also averred that since defendants 1 to 6 and 12 have caused wrongful loss to the 7th defendant and have caused wrongful gains for themselves by or under the contracts and/or arrangements between the 7th defendant on the one hand and defendants 9, 10 and 11 on the other