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2009 (8) TMI 692 - HC - Companies LawPermanent injunction, mandatory injunction and damages an ex parte injunction - whether the plaintiffs have been able to make out a case for grant of the ad interim directions sought by them against the defendants? Held that:- It was for the plaintiffs to have established, at least prima facie, that the society had sold all its shares of the company to different persons and that those transfers had been recorded in the relevant records of the company in accordance with law after due compliance of the relevant provisions of the Companies Act dealing with the transfer of shares of a company and recording of the transfers in the company’s records. Since it is the case of the plaintiffs themselves that the society was the major shareholder at one time of the company after having acquired 500 shares out of total share capital of 560 shares, non-production of the original share certificate in respect of those 500 shares will not, in my view, give any strength to the case of the plaintiffs entitling them to grant of any of the interim directions sought for by them in their injunction application. Even if it is accepted that plaintiff Nos. 3 and 4 had purchased 20 shares each of the company from the society, as is being claimed by them, they would still not be entitled to get any injunction order or any other direction against any of the defendants. As far as plaintiff No. 2, Ankur Sachdeva, is concerned, he does not even claim to have purchased any share from the society. So, he has also not been able to make out a prima facie case for grant of any ad interim relief to him.
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