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2007 Supreme(Bom) 317

A.M.KHANWILKAR
Kedar Shivkumar Kale – Appellant
Versus
Digamber Shridhar Mhapsekar and Company – Respondent


ORAL ORDER:

1. Heard counsel for the parties. Admit.

2. Mr.Vashi waives notice for respondent No.1. Mr.S.Wassoodev waives notice for respondent Nos. 2 to 5. Mr.K.S. Bapat waives notice for respondent Nos. 22,27, 28, 30 & 6 to 14.

3. As short question is involved, appeal is taken up for final disposal forthwith by consent.

4. This appeal takes exception to the Judgment and Order date 20th November 2006 in Notice of Motion No.2927 of 2006 in Short Cause Suit No.3714 of 2006, passed by the City Civil Court, Greater Bombay. By this impugned order, the trial Court has granted interim relief in favour of the respondent No.1. The respondent No.1/plaintiff instituted suit before the trial Court for the following relief :

“a) that this Hon'ble Court be pleased to declare and hold further that the conducting of the meeting by the Defendant No.5 to 8 on 8.07.2006 and minutes of the said meeting annexed in Ex-F are absolutely illegal and bad in law.

b) That this Hon'ble Court be pleased 4 to declare that the resolution No.1 (Subject 21) i.e. For removal of the Plaintiff by passing the no confidence motion in the further conducted meeting of the Council of Management of the Defendant No.1 and th


























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