MODY, J. :- One Mirchandani filed a suit, being Suit No. 3084 of 1960 in the City Civil Court at Bombay against three defendants. The three defendants were the India United Mills Ltd. Nandlal More and Kudilal Seksaria. The plaintiff filed that suit in a representative capacity for himself and for and on behalf of and for the benefit of, all the shareholders of the first defendant company, save and except the second and the third defendants and all other shareholders of the first defendant company supporting the second defendant. The main prayers in that suit were that the second defendant be restrained by an injunction from acting as a Director of the first defendant company and against the first defendant company from allowing the second defendant to act as its Director and for an order against the second defendant directing him to refund to the first defendant company mil amounts recovered by the second defendant as Director's fees and remuneration, etc. The main ground on which the plaintiff challenged the validity of the second defendant's appointment as Director was that the second defendant had been elected as a Director at a general meeting of the shareholders of th