SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Bom) 1888

S. M. MODAK
Sunil Jagmohandas Shah – Appellant
Versus
Sunil Jagmohandas Shah – Respondent


Advocates appeared:
Mr.Venkatesh Dhond, Senior Advocate a/w Mr.Sharan Jagtiani, Senior Advocate a/w Mr. Rohaan Cama, Advocate, Mr. Kunal Mehta, Advocate a/w Mr.Prakhar Parekh, Advocate, Ms.Anuja Bhansali, Advocate, Mr.Tejas Popat, Advocate and Ms. Abhyarthana Singh, Advocate i/b. M/s.Rashmikant and Partners, Advocates for the Appellants; Mr.Karl Tamboly, Advocate i/b. Integram Legal, Advocate for Respondent Nos.1 to 3. Mr.Zal Andhyarujina, Senior Advocate a/w Ms. Maithili Parikh, Advocate, Mr.Sumanth Anchan, Advocate, Mr.Vikrant Singh Negi, Advocate, Mr. Pratik Thakkar, Advocate, Ms.Sneha Barange i/b. DSK Legal, Advocates for Respondent No.4. Mr. Arpit Solanki, Advocate and Mr. Siddharth Bafna, Advocate i/b. Integram Legal, Advocates for Respondent Nos.11, 16 and 17.

JUDGMENT

S. M. Modak, J. - The only issue arisen in this Interim Application is whether the 'Family Arrangement' will prevail over the provisions of Companies Act, 2013 and the statutory documents. The Plaintiff No.1 / Applicant No.1 contended that he has got a protection to hold the post of a director in Defendant No.4 Company, whereas Defendant Nos.1 to 4 contend that he can be removed from the post as per the provisions of the said Act. The issue has arisen on the background of his removal from the post as per the resolution dated 27th May 2023 passed by Defendant No.4. In fact, this happened when Commercial Intellectual Property Suit No.177 of 2023 was pending.

2. This was a suit filed by Defendant No.4 - Company against present two Plaintiffs and their Company by name Absolink Enterprises Pvt. Ltd. It was a suit for taking action for the acts committed by the present Plaintiff's through their Company for selling their products under the trade name of Defendant No.4. There was ex-parte injunction granted on 5th April 2023 and it was vacated on 3rd July 2023. The Plaintiffs grievance is removal of Plaintiff No.1 from the post of director by taking disadvantage of the situation cre

                                              Click Here to Read the rest of this document
                                              1
                                              2
                                              3
                                              4
                                              5
                                              6
                                              7
                                              8
                                              9
                                              10
                                              11
                                              SupremeToday Portrait Ad
                                              supreme today icon
                                              logo-black

                                              An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                                              Please visit our Training & Support
                                              Center or Contact Us for assistance

                                              qr

                                              Scan Me!

                                              India’s Legal research and Law Firm App, Download now!

                                              For Daily Legal Updates, Join us on :

                                              whatsapp-icon telegram-icon
                                              whatsapp-icon Back to top