Law: Companies Act, (VII of 1913)

Section: 76

ORDER

This is an application under Order XXXIX, rules I and 2 read with section 151, C. P. C. praying for temporary injunction restraining Synthetic Chemical Co. Ltd., defendant I from taking any steps or action whatsoever for implementation of the special resolution passed at the extraordinary general meeting held on 25th September, 1979 for winding up of defendant 1 for the reason that defendant 1 company cannot by reason of its liability continue its business.

The plaintiff who claims to be a small shareholder of defendant 1 filed a suit in this Court for declaration that the proposed extraordinary general meeting to be held on 25-9-1979 or any other date thereafter for the passing of the special resolution specified in the notice dated 3-9-1977 (Annexure `A' to the plaint) is illegal, unlawful mala fide and of no legal effect, and for a permanent injunction restraining the defendants, their officers, executives, agents and servants from taking any action whatsoever, to hold an extra