Jyoti Ltd. & Ors. Vs. Bharat J. Patel & Others
|
Head Note
The Code of Civil Procedure, 1908 - Section 9
Maintainability of a Suit - It is a Question of Law - All suits of civil nature are maintainable unless barred either by an express provision or by implication of law.
The Code of Civil Procedure, 1908 - Order XXXIX Rule (1) , Rule (2)
Temporary Injunction - Respondents sought an order restraining the appellants herein from attending and voting at a meeting of the Board of Directors - Trial Court declined - Appellants took a definite stand both before the trial Court as well as before the High Court that the suit itself is not maintainable and the remedy, if any, to the respondents herein is to approach the Company Law Board under Section 186 of the Companies Act, 1956 - Orders of status quo were granted by the Chamber Judge during vacation, which have been continued from time to time without further consideration regarding the tenability of such orders, is no ground for continuing such orders - Impugned order liable to be set aside - Having regard to the various contentions raised by the parties, it is better that the appeal before the High Court itself is disposed of on merits expeditiously.
Topic(s)-Maintainability of a Suit , Temporary Injunction