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1986 Supreme(Ori) 263

P.C.MISRA
S. N. CORPORATION LTD. – Appellant
Versus
UMAKANTA RATH – Respondent


Advocates Appeared:
Devananda Misra, Deepak Misra and R. Mohapatra, for the Appellant; K.N. Jena, S.C. Lal, P.K. Choudhury and R. Naik, for the Respondent

JUDGMENT :

P.C. Misra, J. - This appeal has been preferred challenging the order passed by the learned Subordinate Judge, Dhenkanal in Misc. Case No. 60/85 arising out of Title Suit No. 48/85. Respondent No. 1 as Plaintiff filed the said suit for a declaration that the letter dated 18-7-1985 from Defendant No. 16 to the Chairman of the Board of Directors of the Appellant-Company for convening an extraordinary general body meeting was incompetent and therefore null and void. It has been also prayed to declare the notice of the extraordinary general body meeting dated 8-8-1985 issued by the Deputy Manager (Administration) of the Appellant-Company (Defendant No. 17) as null and void. The Plaintiff has also prayed for a further declaration that he is not liable to be removed from the office of the Director and the Managing Director before the expiry of his term of office and for permanent injunction against Defendants 1 to 15, 17 and 18 from holding any meeting of the extraordinary general body of the shareholders in pursuance of the aforesaid notice. Injunction was also sought for against all the Defendants from participating in or attending any such meeting if held at any place.

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