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1994 Supreme(Guj) 123

S.D.SHAH
Dahyabhai Ranabhai Vaghela – Appellant
Versus
Bloom Dekor Ltd. – Respondent


Advocates Appeared: Amar N.Bhatt, Niranjan J.Bhatt, R.M.RUPAREL, S.B.VAKIL

S. D. SHAH, J.

( 1 ) THE plaintiff Dayahabhai Ranabhai vaghela claiming to be resident of Anand park has filed this suit under Order 11 rule 8 of the Code of Civil Procedure for declaration and permanent injunction. He has prayed for following reliefs in the suit. (A) to hold and declare that the public issue of the deft. No. 1-Company, namely, Bloom Dekor Limited dt. 9-9- 1993 for equity shares 23,65,000/- of Rs. 10/- each is void as it is contrary to the provisions of Section 73 (1) of the companies Act, 1956; (B) to hold and declare that the company is liable to refund the amount of each subscribers to the companies shares with interest 15%; (C) to pass an order of permanent injunction or in nature of permanent injunction that the trading of the shares of the deft. No. 1-Company with the deft. Nos. 3 and 4 cannot be allowed: (D) be pleased to pass an order of permanent injunction restraining the defendants from using the money subscribed by the plaintiff and other subscribers who have subscribed for the public issue of the deft. No. 1-Company dated 9-9-1993. The suit is filed on 5th of March 1991. Along with the suit, he has tendered an application at Exh. 6 for temporary injunc





























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