V.M. Kanade, J.

1. Appellant is the original Plaintiff. He has challenged the order passed by the learned Single Judge dated 16th July, 2015. By the said order, the learned Single Judge dismissed the Notice of Motion taken out by the Plaintiff and refused to grant an order of injunction, restraining Respondent No.2/Original Defendant No.2 from functioning or continuing to exercise his powers as Chairman and Managing Director of the 1st Defendant-Company.

2. Brief facts which are relevant for the purpose of deciding this appeal are as under:-

3. For the purpose of convenience, parties shall be referred to as “Plaintiff” and “Defendant”.

4. Appellant is the original Plaintiff. Respondent No.1 is the original Defendant No.1. Respondent No.2 is the original Defendant No.2 who was appointed as Chairman and Managing Director (“MD”) of the 1st Defendant-Company. On 1st August, 2012 the 2nd Defendant was reappointed as Chairman and Managing Director of the 1st Defendant-Company for a period of further five years till 2017 and the Plaintiff was appointed as Joint Managing Director of the 1st Defendant-Company.

5. On 1st April 2014, Companies Act was amended and by the Amendment Act of 2013