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1952 Supreme(Mad) 310

MACK, KRISHNASWAMI NAYUDU
Mothey Krishna Rao – Appellant
Versus
Grandhi Anjaneyulu – Respondent


Advocates:
V.K. Tiruvenkatachari and M. Dwarakanath for Appellant.
V. Thyagarajan, C.A.Vaidyalingam, T.Venkatadri and K.Ramachandra Rao for Respondents.

Mack, J.-

Appellant, Mothey Krishna Rao, is the plaintiff, whose suit for a declaration that “he is the Secretary and Treasurer of Sri Krishna Jute Mills, Ltd., Eluru” has been dismissed with costs by the learned Additional Subordinate Judge of Eluru. Defendants 1 to 4 were Directors of this company when on 1st July, 1950, a meeting of the Board ended in disorder and confusion which necessitated police intervention to restore order. According to the plaint, after the regular business on the agenda had been done, defendants 1 to 4 wanted other matters brought up, which led to this fiasco. After the plaintiff left the room, defendants 1 to 4 passed a resolution co-opting the fifth defendant as director, suspending the plaintiff from the post of Secretary and Treasurer and appointing the 2nd defendant to look after the duties of Secretary and Treasurer temporarily. Plaintiff filed a petition under section 144, Criminal Procedure Code, in the Stationary Sub-Magistrate’s Court and obtained an order in his favour, which was vacated by the High Court on the 24th of August, 1950. Exhibit A-5 is a letter written by the 2nd defendant as Chairman of the Board and Secretary and Treasurer to the


















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