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1998 Supreme(Gau) 131

V.DUTTA GYANI, H.K.KUMAR SINGH
Rohini Sarma and Ors. – Appellant
Versus
Sakuntala Devi and Ors. – Respondent


Advocates Appeared:
A.K.Bhattacharyya, R.BorBora, K.K.Gupta, K.Agarwal, D.K.Chomal , D.Das, R.R.Bhuyan, A.K.Saraf, S.Ali, A.C.BorBora, A.Kalita, R.Gogoi

V. Dutta Gyani, C. J. (Acting)-

This misc appeal under Order 43 Rule 1 (r) CPC arises out of order dated 30th September, 1997 passed by Civil Judge Senior Division, Dibrugarh in Misc (J) Case No31 of 1997 connected with Title Suit No.50 of 1997, thereby vacating the exparte injunction granted on 14.8.97. Aggrieved by the same, the plaintiffs have preferred this appeal. The subject matter of dispute between the parties is transfer of shares.

2. Plaintiff appellants filed a suit seeking a declaratory decree to the effect that they have a right to purchase the shares of defendant-respondent Nos. 1 to 10 and proforma-respondent No. 13 as per resolutions adopted in the extra-ordinary general meeting of the company held on 15,5.97, A permanent injunction seeking to restrain the respondent Nos. 1 to _10 from selling their shares to respondent No. l1 and 12 or any other person without sanction of the Board of Directors and in violation of Articles of Association of the company was also sought and prayed for. The plaintiffs also prayed for an ad-interim injunction. The trial Court by its order dated 14.8.97 granted an exparte ad-interim injunction but the same was vacated by the impugned orde




























































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