Sanjib Banerjee

1. THE suit is in the form of a derivative action complaining of alleged illegalities perpetrated on the first defendant company by those at present in control thereof. In the classical derivative action, the plaintiff does not seek any personal relief save the indirect consequence as a member of the company after the company is rid of the illegality complained of. In such form of action, the eo nomine plaintiff sues for and on behalf of all shareholders of the company except the recalcitrant defendants and the benefit of the relief, when granted, is enjoyed by the company and, through it, by all its members.

2. THE plaintiff has instituted the action with leave under clause 12 of the Letters Patent and has sought the following reliefs for the ultimate benefit of the company:

"(a) A scheme be framed for the management and administration of Bengal Brick Field Owners' Association having its registered office at 23A, Netaji Subhas Road, 3rd Floor, Kolkata - 700001;

(b) Declaration that the amendments to the Memorandum of Association and the Articles of Association of the Bengal Brick Field Owners' Association carried out on 18th August, 2007 are illegal, null a