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1963 Supreme(Ori) 41

G.K.MISRA, R.L.NARASIMHAM
S. P. JAIN – Appellant
Versus
KALINGA TUBES LTD. – Respondent


Advocates Appeared:
A.C.MITRA, R.Choudhury

MISRA, J.

( 1 ) A. H. O. 13 of 1961 and A. H Os. 2 to 14 of 1962 were allowed on 18-4-63. By a separate order on the very day, all interim orders passed in the case including the one appointing Shri G. C. Das as Court's nominee in the interim Board of directors were vacated with effect from that date. This application has been filed on 19-4-63 on behalf of Mr. S. P. Jain, the petitioner in the Company Act case, asking for three reliefs. Those are to direct the appellants in all the aforesaid A. H. Os. (I) not to permit and effect any transfer of the 39,000 shares dealt with in the judgment, (2) not to alter the constitution of the Board of Directors prior to the judgment dated 18-4-63, and (3) not to issue any further shares. The second prayer was not pressed at the time of hearing.

( 2 ) THE averment in the petition is to the effect that the petitioner has not been able to procure a certified copy of the judgment, on account of which he has not been able to file an application for leave to Supreme Court, and unless interim orders, as prayed for, are made, he would be prejudicially affected. The application is opposed. We have heard the parties.

( 3 ) A legal objection has been







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