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2009 Supreme(MP) 107

A.M.NAIK
Marble City Hospital and Research Centre (P) Ltd. – Appellant
Versus
City Hospital and Research Centre (P) Ltd. – Respondent


Advocates:
P.R. Bhave with R.K. Singhi and S.A. Khan for appellant;
Ajay Mishra with Pankaj Dubey and Ankit Saxena for respondents.

ORDER

1. This appeal is directed against the order dated 30.7.2008 rejecting thereby an application for temporary injunction by the Court of District Judge, Jabalpur in Civil Suit No.12-A/2008.

2. Facts involved herein are that the plaintiff is a Marble City Hospital and Research Centre Pvt. Ltd. with its registration under the provisions of the Companies Act, w.e.f. 11.7.1997. Respondents No.2 to 5 leased out their property to the plaintiff-appellant for running its hospital in it. Presently the lessors are realising rent @ Rs.1,36,000/- per month in addition to Rs.20,000/- per month for the top floor. It is situated on main road in front of Hero Honda showroom. Respondent No.5 in addition to being one of the lessors has also purchased the shares and remained director of the plaintiff-appellant till 31.1.2005. There arose a dispute about his directorship. The Company Law Board, New Delhi directed for his reinstatement as director against which an appeal bearing M.A. (Company) No.01/07 preferred by the plaintiff-appellant is allegedly pending wherein an interim stay order is stated to have been issued.

3. Respondent No.5 purchased a piece of land behind the plaintiff appellant's sa




























































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