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1984 Supreme(Mad) 530

M.N.CHANDURKAR
S. Sundaram Pillai and Others – Appellant
Versus
P. Govindaswami and Another – Respondent


Advocates Appeared: For

Judgment :-

M. N. CHANDURKAR C. J.

This revision petition is directed against a wholly unsustainable order which has the effect of divesting the petitioners of ownership of 12, 387 shares by an ad interim mandatory injunction which has been almost mechanically passed by the trial court. It is not necessary to go into the merits of the suit which the plaintiff-respondent No. 1 has filed in the City Civil Court, Madras, in which substantially the plaintiff's case is that the first and second defendants (petitioners Nos. 1 and 2) on behalf of defendants Nos. 3 to 21 (petitioners Nos. 3 to 21) in the suit had agreed to transfer to the plaintiff 16, 387 equity shares of M/s. Century Flour Mills Ltd., Madras, respondent No. 2 herein.

Respondent No. 2 herein is a public limited company, hereinafter referred to as "the company", in which admittedly defendants Nos. 1 to 20 had obtained 12, 387 shares in pursuance of an agreement between the plaintiff and defendants dated December 12, 1976. One of the terms of the agreement dated December 12, 1976, was that the first, second and third defendants were to be made directors, out of whom the first defendant was to be the full-time director of the




























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