Gopal Sri Ram JCA:

[1] This is the judgment of the court.

[2] There are two appeals before us. The first, Civil Appeal No. W-02-376-2005, is directed against the order of the High Court granting an inter partes interim injunction dated 16 March 2005 against the defendant (the appellant before us) from presenting a winding up petition against the plaintiff (who is the respondent before us). The second appeal, Civil Appeal No. W-02-377-2005, is directed against the refusal of the learned judge of the High Court to dissolve the earlier ex parte order dated 23 September 2004 which he had granted in like terms as the inter partes injunction which is the subject matter of the first appeal. We find it convenient to deal with the first appeal in toto. We will however, make the necessary remarks about the second appeal at the appropriate places in the judgment.

[3] The plaintiff is a private limited company. It is basically a family enterprise run by three brothers and a nephew. At all material times, the defendant was the managing director of the plaintiff company. Later he was removed as managing director but he remained at all times and continues to remain as a director. The com