Law: Civil Procedure Code (V of 1908)

Section: O. XXXIX

(a) Companies (Managing Agency and Election of Directors) Order (2 of 1972) Art. 10 read with Art. 4(2)(a)-Chief Executive appointed by Board of Directors elected under Art. 10-Not a Chief Executive contemplated by Art. 4(2)(a)-Such appointment purely contractual-Person not holding office of Chief Executive created by order-- Not a holder of public office-Such appointee removable by Board of Directors. (b) Civil Procedure Code (V of 1908) O. XXXIX-Injunction-Petitioner, if wrongly removed from office, having remedy by re-instatement-No irreparable loss likely to be caused to petitioner if injunction not granted-Balance of convenience also in favour of opposite-party-Application dismissed.---[Injunction]. Dates of hearing : 1st and tad October 1975.                                                                                                                                   ORDER The plaintiff No. 2 is the Chief Executive of, the plaintiff No. 1 public limited company of which the defendants are the directors. By the present application the plaintiff No. 2, the Chief Executive, seeks to restrain the Board of Directors of the plaintiff No. 1 company from taking any action detrimental to his status during the pendency of his term of office as Chief Executive or to remove him from office of the Chief Executive of the plaintiff No. 1 company during the tenure of his office i.e. until 30th September 1976. 2. Mr. Kbalid M. Ishaque, the learned counsel for the Chief Executive contended that the plaintiff No. 2 was appointed as the Chief Executive of the plaintiff No. 1 company on t-10-1973 for a period of three years "as laid down inter alia by the provisions of the Companies (Managing Agency and Election of Directors) Order, 1972" (President's Order 2 of 1972) and that he was not liable to be removed from this public office by the…