K.MEHRA
AMAR NATH MALHETRA – Appellant
Versus
M. C. S. LIMITED – Respondent
( 1 ) THIS is plaintiff s application under Order 39 rule 4 read with Section 151 Civil Procedure Code for "setting aside the interim injunction" dated September 7,1991 granted by the learned Sub Judge. Delhi and for dismissal of plaintiff s application under Order 39 rules 1 and 2 CPC. The events leading to this application are as follows: The defendant company, which is a public limited company, fixed its Annual General Meeting (for short AGM ) on September 9,1991 and in this regard circulated a notice dated July 1, 1991 informing the plaintiff, who is a shareholder of the defendant company in turn informed the latter that he will be moving the following resolution under Section 225 (2) of the Companies Act, 1956 (for short the Act) at the forthcoming agm :
"resolved that M/s. Ram Pal Gupta and Associates 6781, Beri Wala Bagh Chowk, Azad Market, Delhi-6, Charatered Accountants be and is hereby appointed as Auditors of the Company in place of M/s. Amod Agarwal-Associates, Chartered Accountsnts". The Vice President of the Company vide his letter dated August 24,1991 wrote to the plaintiff that the proposed resolution, which the latter intends to move at the agm
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