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2015 (2) TMI 1253 - HC - Companies LawTemporary injunction - Whether the plaintiffs have made out a prima facie case for continuation of the exparte ad-interim temporary injunction passed on 5.8.2014? - Held that:- 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. The learned judge has adopted right approach to the real state of affairs. Even if this court were to come to a different conclusion from the one arrived at by the trial court, the same cannot be substituted unless it suffers from absurdity or perversity. It is not as though the learned judge has ignored certain documents having a bearing on the applications filed. He has not misapplied the law into the facts of the case. The learned judge has adopted right approach to the real state of affairs by considering all the materials placed on record in the light of the respective pleadings. No infirmity or absurdity is found in the impugned order. Accordingly the appeals will have to be dismissed a s unfit for admission.
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