TMI Blog2015 (2) TMI 1253X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 plac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edits operations in Bengaluru by establishing a restaurant/brewerypubcalled BARLEYZ at Koramangala. Operations of the said restaurant was carried on by the defendants and they were in charge of the day-to=-day affairs and management of the company. 5. Plaintiffs 2 to 4 and other shareholders in good faith handed over the operations of the restaurant to the defendants and later on they came to know that the defendants were mismanaging the company in regard to the financial affairs and were taking individual decisions without consulting the directors or shareholders of the company. 6. The defendants had neither convened a meeting of the board of directors nor the annual general meeting and they were stated to be acting hostile to the in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... parties, the learned judge has passed the following order as found in page 15 of the impugned order. ORDER I.A.No.1 to 3 filed U/O. XXXIX Rule 1 and 2 R/W Sec. 151 of CPC by the plaintiffs are allowed. The ad-interim temporary injunction granted by this court dated 5.8.2014 restraining the defendants from obstructing with the operations of the plaintiff No.1 company at schedule premises, and restraining the defendants from illegally trespassing into the schedule premises of plaintiff No.1 company s branch office in Bangalore and restraining the defendants from representing themselves as directors of the plaintiff No.1 company, is confirmed and continued from 17.8.2014 pending disposal of this suit. Under the circumstances, no co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of any matter which the Tribunal or Appellate Tribunal is empowered to determine by or under this Act. A copy of the order passed by the Board at New Delhi in C.P.No.93/ND/14 is produced by the learned counsel for the appellants. It is dated 30.9.2014. While discussing the facts of the case, the learned judge has made an observation that if the defendants are aggrieved about the manner in which the general body meeting has been held and the manner in which they were removed as directors, they could approach the appropriate authorities under the relevant Act. In fact the defendants had requested the Board to take up their grievance in regard to the alleged meeting purportedly held on 31.5.2013 and the resolution passed on that da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t s jurisdiction is not ousted insofar as the relief of injunction against persons from interfering with th e smooth management of the company and its affairs by the directors of the said company is concerned. The defendants have already been removed in the meeting. The very grievance aired by the defendants before the Board has not been taken into consideration, and it is held that the civil c ourt is seized of the matter. Thus a simple suit for injunction seeking the equitable relief of permanen t injunction about the day-to-day management of the company and its affairs is maintainable. 16.The learned judge of the trial court has specifically held that a majority of the shareholde rs of the plaintiff company have removed the defendants ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ws: 1. Whether the plaintiffs have made out a prima facie case for continuation of the exparte ad-interim temporary injunction passed on 5.8.2014? 2. Whether the defendants made out a ground to vacate the order or temporary injunction? 3. In whose favour balance of convenience lies? 4. Whether the plaintiff will be put to irreparable loss and hardship if any order of an-interim injunctions are vacated? 20. 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 h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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