Pradeep Nandrajog, J.

1. Impleading the first respondent as the sole defendant, the appellant filed a suit praying a declaration to be granted in its favour that 1397150 (Thirteen Lacs Ninety Seven Thousand One Hundred Fifty) shares of the company Vishesh Infotechnics Limited presently in the name and custody of the respondent No.1 be declared to be the shares of the appellant. Permanent injunction was prayed to restrain respondent No.1 from dealing with the said shares. Mandatory injunction was prayed that the first respondent be directed to transfer the shares in the name of the appellant and hand over possession of the share certificates.

2. The action was maintained on the plea that the first respondent was an employee of the company Vishesh Infotechnics Ltd. and had a small shareholding therein of around 11000 (Eleven Thousand) shares. The appellant acquired majority shareholding of the company by purchasing the shares from the erstwhile management and at that time the first respondent was a joint Managing Director of the company. That the appellant was also a majority shareholder in another company named MPS Technosoft Ltd. That the first respondent told the appellant