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1981 Supreme(P&H) 158

G.C.MITTAL
Hoshiarpur Azad Transporters P. Ltd. – Appellant
Versus
Hoshiarpur Express Transport Co. – Respondent


Judgment

Gokal Chand Mittal, J.

1. The Hoshiarpur Azad Transporters (P.) Ltd., Hoshiarpur, and several other persons filed a suit for a declaration, claiming that plaintiffs Nos. 2 to 8 and defendant No. 9 are the directors of the aforesaid company and that plaintiffs Nos. 2 to 36 and defendants Nos. 9 to 31 are the shareholders of the said company, with a consequential relief of permanent injunction restraining defendants Nos. 1 to 8 from interfering with the management of the said company. The suit was contested by defendants Nos. 1 to 8 and it was pleaded that all the plaintiffs and the defendants, who were supporting the plaintiffs, had sold their shares in the said company to them and as such they had nothing to do with the said company and it was defendants Nos. 1 to 8 alone, who were the shareholders, some of whom were the directors of the company and were managing the same. On the contest of the parties, a large number of issues were framed by the trial court and after evidence was led, the trial court came to the conclusion that all the plaintiffs and defendants supporting the plaintiffs had sold their shares in the company to defendants Nos. 1 to 8 and as such ceased to be










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