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1958 Supreme(Bom) 1

MODY
Major General Shanta Shamsher Jung Bahadur Rana – Appellant
Versus
Kamaru Brothers Private Ltd. – Respondent


Advocates:
J.C. Bhatt with M.R. Mody, for Plaintiff; K.M. Munshi with K.K. Desai (for No. 1); Nathwani with G.K. Munshi (for Nos. 2, 4, 5 and 6); M.V. Desai with Kantawala (for No. 3), P.N. Bhagwati with A.B. Diwan, (for No. 7) and K.S. Cooper with A.B. Diwan, (for No. 8), for Defendants.

Judgement

JUDGMENT :- This is a suit filed by the plaintiff, who admittedly was one of the joint managing directors and a director of the first defendant company, against the first defendant company and his co-directors for a declaration that the resolution dated 23rd September, 1957 passed by the Board of directors of the first defendant company is inoperative and that the plaintiff continues to be the joint managing director and is entitled to act as such managing director and to exercise all rights and powers to carry out all duties assigned to him as such managing director.

2. The facts relevant to the decision of the disputes herein are not in dispute, with the result that no oral evidence whatever has been led. The only evidence led is documentary evidence the same being relevant and necessary for the purpose of the decision herein. It is therefore not necessary to set out the contentions as contained in the pleadings of the parties. It will suffice to set out the facts which give rise to the disputes herein.

3. The first defendant company is a private limited company. At all relevant times the plaintiff and the defendants Nos. 2 to 8 have been directors of the first defendant c
















































































































































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