JUDGMENT :

SANJEEV KUMAR SHARMA, J.

Heard Mr. R. Banerjee, learned Senior Counsel, Mr. D. Sharma, learned Senior Counsel for the appellant, and Mr. K.N. Choudhary, learned Senior counsel for respondent No. 1 assisted by Mr. K. Jain, learned counsel, and Mr. D. Mozumder, learned Senior Counsel assisted by Mr. B. Kaushik, learned counsel for respondent No. 2.

2. The present appeal is filed against the impugned Order dated 15.09.2025 passed in Misc. (J) Case No. 27/2012 in Title Suit No. 41/2012 by the Learned Civil Judge, Jorhat whereby the injunction application filed by the appellant under Order XXXIX Rules 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908 was dismissed.

3. On or about August, 2012, the deceased original plaintiff late Hemendra Prasad Barooah had filed a civil suit before the Learned Court below being Title Suit No. 41/2012 seeking the following reliefs:-

"a. Declaration that the plaintiff is the sole and absolute owner of 861918 equity shares of the defendant no. 1 which is now lying in the Demat Account bearing No. DPID IN 301151 and client ID 26424547 in the names of the plaintiff and the defendant No.2 maintained by the defendant No.3;

b. Decree for mandatory injunction directing the defendant No. 2 to execute / sign the delivery instructions for and submit to plaintiff for transfer of the said 861918 equity shares in the sole name of the plaintiff;

c. Perpetual injunction restraining the defendants from transferring the shares from the existing accounts maintained by the defendant No. 3 save to any demat account standing in the sole name of the plaintiff;

d. Perpetual injunction restraining the defendant No. 2 from using the delivery slips lying with the defendant No. 2 bearing number from A444026920 to 929 in any manner whatsoever;

e. Perpetual injunction restraining the defendants from dealing with, disposing of or in any manner encumbering the said 861918 equity shares except for the purpose of transferring the same in the name of the plaintiff;

f. Mandatory injunction directing the defendants to rectity the Register of Members of the Company, i.e. the defendant No.1 by deleting the name of defendant No.2 as joint holder of 8,61,918 equity shares of the company;

g. Mandatory injunction directing the defendant No.2 to return all delivery slips referred to in prayer (d) above to the plaintiff;

h. Receiver;

i. Permanent Injunction;

j. Costs;

K. Further or other reliefs;"

4. In the said title suit, the appellant had taken out an injunction application under Order XXXIX, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908.

5. The case of the appellant/plaintiff/petitioner in the said application/suit was that he is the Chairman of the Board of Directors of the Company and is the absolute owner of 9, 47, 289 nos. of equity shares of Rs. 10/- each, all fully paid up of and in the company comprising approximately 30.55% of the total, issued, subscribed and paid up capital of the company.

6. The original petitioner Hemendra Prasad Barooah had one son and two daughters. Son of the petitioner predeceased him, who died on 02.10.2007 leaving behind his widow and daughter. O.P No. 2 is one of the married daughters of the petitioner and is purporting to hold 3,16,200 numbers of shares of Rs.10/-each, all fully paid up of and in the company. Petitioner has maintained one account with O.P No. 3 who is a depository participant and one of the depositing accounts of the petitioner is maintained with the O.P No. 3, where O.P No. 2 is a joint account holder.

7. Original petitioner Hemendra Prasad Barooah has set up a Trust namely, "The Hemen Barooah Benevolent and Family Trust" which was registered on 21.11.2011, by which petitioner's entire shareholding of and in the company, i.e., 9,47,289 numbers of equity shares of and in the company have been bequeathed to the said Trust absolutely and forever.

8. Petitioner has maintained one ICICI Demat Account where he had 8,30,315 numbers of equity shares of Rs.10/-