TaxTMI 
TaxTMI 
2015 (2) TMI 1253
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....tiffs in the said su it. Parties will be referred to as plaintiffs and defen dants as per their ranking before the trial court. 3. Plaintiffs have filed the suit for the relief o f permanent injunction. The 1 st plaintiff is a company under the provisions of the Companies Act, 1956, and it has its registered office in Guregaon, Haryana State, and it is represented by Mr.Navin Bharadwaj as one of its directors. It has a branch office at Koramangala, Bengaluru, and it is engaged in the business of brewing, distilling and manufacturing of intoxicating and non-intoxicating drinks and is running restaurants for the said purpose. The 2 nd plaintiff is stated to be the main promoter of the company. He is stated to have approached several persons ....
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....ed common written statement and objections. According to them, plaintiffs have not approached the court with clean hands. According to them, plaintiffs do not have the balance of convenience and there was no board meeting or extra general body meeting to remove them and no resolution to that effect has been passed. The documents furnished by the plaintiffs are said to be fabricated and there was no lawful convening of the extra general body meeting for removing them as directors and no notice was issued with agenda in this regard. With these pleadings, they have requested the court t dismiss the suit as also the three applications filed seeki ng temporary injunction in regard to the management of the suit schedule property. 9. After perusi....
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....erused records. 12.Section 430 of the Companies Act, 2013, reads as follows: ' 430. Civil court not to have jurisdiction: No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Tribunal or the Appellate Tribunal is empowered to determine by or under this Act or any other law for the time being in force an no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act or any other law for the time being in force, by the Tribunal or the Appellate Tribunal.' 13.What is argued before this court by the learned counsel for the appellants is that the civi l court does not have any jurisdi....
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....bject matter in this company petition is directly and substantially the issue in the civil suit pending before the learned civil judge at Bangalore and there being a restraint order against these petitioners not to interfere with the affairs of the company and not to act as directors of the company until next date of hearing, I am of the opinion that this Bench shall not proceed to pass any orders as the subject matter in this C.P. is directly and substantially the issue in a previously instituted suit between the same parties. Either the cause of action for filing civil suit and for filing this company petition being the same, it is not right in law or equity to pass any orders now. ' 15.On a plain reading of Section 430 of the Companies ....
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....o indicate their removal from the post of directors. 18.Admittedly a majority of the shareholders attended the meeting and endorsed the removal of the defendants as directors. Once defendants 1 and 2 have been removed from directorship, they cannot interfere with the day-to-day affairs of the company and its working units. The learned judge has considered all the materials placed on record to come to the conclusion about the existence of prima facie case and the balance of convenience being in favour of the plaintiffs and comparative hardship that would be caused to the plaintiffs in the event of non-granting of injunction order. 19. The learned judge has framed relevant points for consideration as found in paragraph 5 of the impugned ord....