Lokeshwar Prasad, J.

( 1 ) THIS Order will dispose of an application, filed on behalf of defendants, under Order XXXIX, Rule 4 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC ). The facts, relevant for the disposal of the above mentioned application, lie in a narrow compass. The plaintiffs have filed a suit for permanent injunction against the defendants, named above, praying that a decree for perpetual injunction be passed and the defendants be restrained by an injunction from breaching the agreement dated the 30th September, 1991 and removing the plaintiffs from the Board of defendant No. 1 until they have obtained necessary no objection certificate/released from the Banks/airlines at which point of time the plaintiff would submit simultaneous resignation. It has also been prayed that the defendants be restrained from surrendering or parting with the possession of any of the four tenancy premises of the Company or transferring or encumbering the six real estates of the Company in any manner.

( 2 ) ALONGWITH the plaint, the plaintiffs have also filed an application ( IA 14891 / 91) under Order 39, Rules 1 and 2 read with Section 151, Civil Procedure Code seeking an ex-parte interim relief. The above said application alongwith the suit, came up for hearing before the learned predecessor of this Court for the first time on 13th December, 1991 and the learned predecessor of this Court vide order of even date was pleased to pass the following orders on the abovesaid application :

MR. Menon accepts notice on behalf of defendants 1,14,15 and 16. Mr. Menon gives undertaking on behalf of his clients that immovable properties and tenancy rights of the Company as detailed in para 11 of the plaint shall not be encumbered, surrendered or transferred till the next date of hearing. Mr. Menon further states that his clients will make all possible bona fide attempts to get personal guarantees of the plaintiffs with various Banks and Air Lines released. In view of this stand of the defendants, Mr. Arun Mohan states that plaintiffs 1 and 3 will tender resignation from the Board of Directors of defendant No. 1 Company today itself. "

( 3 ) AFTER hearing the learned Counsels for both the parties and also after taking into consideration the facts and circumstances of the case, the learned predecessor of this Court vide order dated the 9th May, 1994 finally disposed of the abovesaid application of the plaintiffs. The abovesaid order, passed by the learned predecessor of this Court on 9th May, 1994 finally disposing of plaintiff s application ( IA 14891/91) filed under Order 39, Rules I and 2 read with Section 151, CPC, reads as under:

"this is an application filed by the plaintiffs under Order 39, Rules 1 and 2 and Section 151, CPC. Prayer-A has become infructuous as the plaintiff No. 1 has resigned from the Board of defendant No. 1-Company. Prayer-B is for seeking a direction from the Court to restrain defendants from surrendering or parting with possession of any of the four tenancy premises as detailed in Para-11 of the plaint. In Para-4 of the reply, defendants have stated that they are neither surrendering nor transferring properties of the Companies as alleged by the plaintiff. This Court on 13. 12. 1991 has recorded an undertaking on behalf of the defendants that the immovable properties and tenancy rights of the Company as detailed in Para-11 of the plaint shall not be encumbered, surrendered or transferred till the next date of hearing. Now it has been agreed between the parties that defendants shall be at liberty to deal with the property in the normal course of the business. In case the defendants are intending to surrender/transfer the aforesaid properties, a notice by registered A. D. post giving 15 days time will be given to the plaintiff, who may move an appropriate application in this regard. This will be without prejudice to the rights and contentions of the parties. Orders made on 13. 12. 1991 are modified

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