1999 (9) TMI 816

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..... of statutory notice issued. It appears that the directors associated with the companies are closely related and there is a long drawn litigation between them in respect of various affairs of the companies. The defence of the respondent-company is that on account of an understanding between Shri O.P. Jalan (representing the appellant-company) and Sanjay Jalan (representing respondent-company), the amount which was initially due to the petitioner-company was adjusted by way of payment to another company by name Jalan Commercial and Industrial Corporation to whom the petitioner-company was indebted.The more important defence of the respondent has been that the suit claim is barred by limitation and the alleged acknowledgements given by Shri O .....

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..... n that the resolution passed in the extraordinary general meeting of the company held on 7-11-1991 removing Shri O.P. Jalan from directorship, is still in force in view of the status quo order passed in C.M.A. No. 1199 of 1994. That C.M.A. was filed against the order in I.A. No. 827 of 1992 vacating the ex parte injunction restraining Shri O.P. Jalan from acting or claiming as director of the respondent-company. It is pointed out that I.A. No. 827 of 1992 was finally disposed of on 12-9-1994 vacating the earlier ex parte injunction. It is submitted that the status quo order does not in any way put back Shri O.P. Jalan to office. By reason of vacation of ex parte injunction and the status quo order granted by this Court, Shri O.P. Jalan is e .....

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..... omments on the conduct of the appellant in filing winding up petition against the respondent-company of which he claims to be the director incharge of its affairs. 4. Having regard to the contentious issues involved and having regard to the pleadings of the parties, we consider that it would be more appropriate for the civil court to go into the issues and the proper remedy for the appellant would be to file a civil suit. We cannot say that the approach of the learned Single Judge is against the settled legal position. We are, therefore, not inclined to intefere with the order of the learned company Judge. The learned senior counsel appearing for the appellant has referred to the decision of the Calcutta High Court in Ofu Lynx Ltd. v. Simo .....

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