( 1 ) WINSTON Churchill once remarked that some see private enterprises as a predatory target to be shot others as a cow to be milked, but few are those who see it as a sturdy horse pulling the wagon. But then what is to be said when what it evolves is friction, nonresponsiveness, and hostility ? This suit presents such a spectacle.

( 2 ) LET me first introduce the main characters. Mr. K. G. Khosla and Mr. Deepak Khosla are the plaintiffs. The first is the Chairman and the second the Managing Director of K. G. Khosla Compressors Ltd. (hereinafter called the Company ). There are three defendants. The first is Mr. Rahul C. Kirloskar while the second is Mr. Sanjay C. Kirloskar. While the first happens to be the Managing Director, the second is the Director of Kirloskar Pneumatic Company Ltd. The third defendant is K. G. Khosla Compressors Ltd.

( 3 ) THE plaintiffs named above instituted a suit for declaration and injunction on July 10, 1995 and alongwith it was moved an application under Order 39 Rules 1 and 2 read with section 151 of the Code of Civil Procedure. This order has its seeds in that application.

( 4 ) IT so happened that on March 27, 1995 the Board of Dir