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2009 (11) TMI 515 - HC - Companies LawInjuction relief claimed - Held that:- The appellants, in our considered view, have undoubtedly been able to establish a prima facie case that they are in-charge of the company having shareholding and the society does not figure in the list of shareholders. Once the company is controlled by the appellants group, its functioning cannot be brought to a standstill by the nature of the impugned order passed whereby both the parties have been restrained from dealing with the assets of the company. We are, thus, of the considered view that the impugned judgment cannot be sustained and we hold that the appellants have made out a case for interim relief having satisfied the triple test for grant of interim injunction and no order can operate against them or in favour of the respondents. The respondents, their agents and employees are, thus, restrained from representing themselves as shareholders or directors of the said company and consequent thereto are restrained from acting on behalf of the company by using any letterhead, bank accounts or dealing with the assets of the company in any manners whatsoever and cannot be permitted to file any statutory forms or returns on behalf of the company. This injunction would operate during the pendency of the suit.
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