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1982 Supreme(Online)(Mad) 2

MADRAS HIGH COURT
Rajagopalan Ayyangar, J
S.K. Somani – Appellant
Versus
H.K. Somani – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Seshadri|For the Respondents: Mr. Hari Krishnan

1. Appeal against the decree of the City Civil Court (Principal Judge), Madras dated 24.9.1976 and passed in appeal suit Nos. 263 and 298 of 1975, preferred against the decree of the City Civil Court, (I Asst. Judge), Madras dated 22.8.75 in original suit No. 322 and 32 of 1971 respectively.

2. These second appeals coming on for hearing on Friday, the fourth day of January 1980, Friday the first day of February, 1980, Wednesday the sixth day of February, 1980, Friday the eight, day of February, 1980, Thursday, the fourteenth day of February, 1980, Friday the fifteenth day of February, 1980 and having stood over for consideration till this day, the Court delivered the following Judgment.

3. These appeals represent a bitter family feud. But it is being fought in the Company Law forum, which is what makes it extremely artificial. Father, and son are at each other's throats, but the weapons they handle are the minute books, Table A, and sections in the Companies Act . All the time, the Court has to sit through all this company law claptrap. And from both sides. In the olden days, equity came to the rescue of the Courts and laid down ways and means of getting the better of corporate disg































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