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2013 Supreme(Bom) 1385

ROSHAN DALVI
Man Industries (I) Ltd. – Appellant
Versus
Jagdish Chandra Jhamaklal Mansukhani – Respondent


Advocate Appeared:
For the Appellant:Snehal Shah, a/w. Anurag Gokhale, i/b. Munir Mechant, Advocates.
For the Respondent:Navroz Seervai, Sr. Counsel a/w. Zal Andhyarujinah, Jayesh Ashar, Ms. Pratiksha Mody, Ajit Anekar, Adv. i/b. K. Ashar & Co., Advocates.

Judgment :

1. Rule. Made returnable forthwith.

2. The Appellant is a Limited company of which the Respondent is one of the Directors. The Appellant sued in the City Civil Court, Mumbai restraining the Respondent from holding an Extraordinary General Meeting (EGM) on 25th July, 2013 pursuant to notice dated 24th June, 2013 and for declaration that the requisition to convene that meeting dated 15th January, 2013 was invalid and also that if the EGM is held it be declared null and void. He took out the Notice of Motion restraining Respondent from holding the meeting. Its application for ad-interim injunction in the Notice of Motion has come to be refused on 15th July, 2013 which order of the learned Judge City Civil Court, Goregaon, Dindoshi, Mumbai is challenged in this Appeal.

3. The Appellant has prayed for stay of the holding of the EGM on 25th July, 2013 or on any other subsequent date pursuant to the notice dated 24th June, 2013 based upon the requisition dated 15 th January, 2013.

4. The Appellant / Plaintiff company is essentially represented by its Director, one Ramesh Mansukhani who is the brother of the Respondent / Defendant. There have been number of disputes between the t
































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