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2009 Supreme(Cal) 555

INDIRA BANERJEE
Amrita Bazar Patrika Private Ltd. – Appellant
Versus
Jayanta Sengupta – Respondent


Advocates Appeared:
For the Appearing Parties:Pratap Chatterji, Surojit Nath Mitra, Ashis Chakraborty, Amitava Ghosh, S.N. Mukherjee, Ratnanko Banerjee, Ranjan Deb, Arijit Banerji, Advocates.

Judgment :-

(1) This application under Section 10 of the Code of Civil Procedure, 1908 is for stay of the suit being C.S. No. 311 of 2006.

(2) The petitioners, being the defendants in the suit claim to have been appointed Directors of the plaintiff No. 1, Amrita Bazar Patrika Pvt. Ltd. at an extraordinary general meeting of the plaintiff No. 1 held on 3rd November, 2006. It is alleged that the erstwhile Directors of the plaintiff No. 1, that is, plaintiff Nos. 2 to 4 were removed in that extra ordinary general meeting.

(3) By a letter dated 4th November, 2006, purported to be written on behalf of the plaintiff No. 1, the plaintiff Nos. 2 to 4 were, informed of their alleged removal from the Board of Directors of the plaintiff No. 1, requested to make over all the records/documents of the plaintiff No. 1 to its present Board of Directors and further requested not to act on behalf of and/or in the name of the plaintiff No. 1.

(4) On the allegation that, in spite of receipt of the said letter, the plaintiff Nos. 2 to 4 wrongfully and illegally continued to hold themselves out to be the Directors of the plaintiff No. 1, the plaintiff No. 1 along with its single largest shareholder Amrit


























































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