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