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Judgment
Bibek Chaudhuri, J
The Court : The defendant No. 5/petitioner has filed an instant application for following relief:-
An order be passed setting aside the minutes of the meeting dated July 12, 2019;
An order be passed allowing your petitioner to act as a member of the interim board of management of the defendant No. 1;
An order be passed directing the defendant No. 1 to pay an amount of Rs. 40,000/- as remuneration including conveyance and other ancillary expenditures, to your petitioner with effect from July, 2019;
Ad-interim orders be passed in terms of prayers (a) and (b) hereinabove;
Cost incidental to this application be borne by the defendant no. 1;
Such other of further order(s) be passed as the Hon'ble Court may deem fit and proper.
By an order dated 26th November, 2018, while disposing GA 3106 of 2017, a coordinate Bench of this Court appointed one Mr. Anirban Ghosh, Advocate, Bar Library, Calcutta as a Chairman of the Interim Board of the Calcutta Safe Deposit Limited temporarily. The board consisted of the plaintiff and the defendant No. 5 besides the Chairman appointed by Court. The said Interim Board was directed to look into the management and business of the company.
The defendant No. 5 submitted the resignation from the Interim Board on 6th July, 2019 with a request to nominate his son as one of the members of the Board on the ground that due to old age he wanted to spend last years of his life with his grand children. The minutes of the board meeting dated 6th July, 2019 suggest that resignation of defendant No. 5 was accepted. Subsequently on 8th July, 2019, the defendant No. 5 submitted a letter to the Chairman of the Interim Board praying for withdrawal of his resignation.
In the instant application it is alleged that the defendant No. 5 is entitled to remuneration at the rate of 40,000/- per month but he did not receive any amount towards remuneration since July, 2019. Therefore the defendant No. 5/petitioner has prayed for an interim order in terms of prayer a and b of the application.
Learned Advocate for the plaintiff on notice submits that he wanted to file an affidavit in opposition against the instant application. The application can only be disposed of after exchange of affidavit by and between the parties.
It is ascertained from the documents annexure with the instant application that the defendant No. 5 voluntarily tendered his resignation from the Interim Board constituted by this Court for the management of the plaintiff company. The said resignation was accepted in the board meeting.
At this stage I do not find any urgency to pass an interim order of injunction of prayer a and b of the instant application.
The plaintiff is directed to file affidavit in opposition against the instant application within one week from the date of reopening of the Court after vacation. The defendant No. 5 is at liberty to file an affidavit in reply within one week after received of the copy of the affidavit in opposition.
The application be made returnable on 21st November, 2019.