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IN THE HIGH COURT AT CALCUTTA
SHAMPA SARKAR
Punjab Produce & Trading Co. Pvt. Ltd. – Appellant
Versus
Manoj Kumar Mehta – Respondent
| Table of Content |
|---|
| 1. challenge against injunction order due to lack of notice (Para 1 , 2 , 3 , 4) |
| 2. arguments on maintainability and oppression claims (Para 5 , 6 , 9 , 10) |
| 3. recognition of shareholders' rights and legal framework (Para 7 , 16) |
| 4. court's reasoning on jurisdiction and statutory management (Para 12 , 15 , 17 , 18) |
| 5. dismissal of application with no costs order (Para 20 , 21 , 22 , 23 , 24) |
JUDGMENT :
SHAMPA SARKAR, J.
1. The plaintiffs in Title Suit no. 1434 of 2025, have challenged an order dated November 21, 2025, passed by the learned Addl. District Judge, 16th Court at Alipore, 24 Paraganas South in Misc. Appeal no. 360 of 2025.
2. By the order impugned, the learned appeal court vacated the ad interim order of injunction passed by the learned Civil Judge (Sr. Div.) 1st Court at Alipore. The learned trial judge had restrained the defendant nos. 1 to 5, who are the opposite parties in this revisional application and/or their men, agents, servants and representatives from giving any effect or further effect to or from holding any voting, including the remote e-voting and from declaring the result in respect of Item no.5 under the head “Special Business” mentioned in the
The proper forum for shareholder disputes regarding oppression and mismanagement lies with the National Company Law Tribunal, not civil courts, and ad interim injunctions should not interfere with co....
Corporate governance principles require that allegations of oppression and mismanagement in public companies are addressed within the framework of the Companies Act, specifically through appropriate ....
The court emphasized that issues not pleaded should not be adjudicated at the ad-interim stage of injunction applications.
The necessity of reasoned orders in judicial proceedings is mandated, as a non-speaking order is void and impacts the legality of such decisions.
Judicial interference in corporate governance matters should be minimal and only justified in clear statutory violation cases.
The APL's authority is limited to rights directly associated with share ownership, and it cannot interfere with the internal affairs of companies.
Court emphasizes the necessity of maintaining status quo in corporate disputes to prevent oppression until the Tribunal resolves the matters.
The court ruled that the Board's resolution regarding a merger does not violate Company Act provisions, and the necessity for shareholder approval under Section 293 was not substantiated.
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