Delaying Ex-Parte Injunction
Bijoy Deka
(Querist) 02 January 2010
This query is : Resolved
In a Pvt. Ltd. company District judge granted Ex-parte Injunction to Managing Director against his removal by violation the Section 169 and 284 of companies Act 1956. Also The District judge keep on extending the Injunction for more that 60 days bypassing the main case. Also in the Morgan Standley case (supra) Supreme Court laid down the factors which should weigh with the Court in the grant of ex parte injunction.The said paragraph 36(f) quoted that "even if granted, the ex parte Injunction would be for a limited period of time". Also the District Court does not have jurisdiction (Section 10) on the companies Act 1956. Now the share holders of the company got information from other source that Judge is biased because he got huge amount from the Managing Director. Now can the shareholder make compnaint to the Chief Justice directly about the biasness of the Judge and violation of the Companies Act 1956 and Supreme Court Order regarding Ex-parte Injunction. Also can anyone suggest where to complain about the matter so that judiciary process is not paralised.
Devajyoti Barman
(Expert) 02 January 2010
In stead of lodging a complaint against the judge the share holders first move the application u/o3 R4 of CPC before the court for vacating the injunction order and later file another application u/O 7 R 11 of CPC for rejection of Plaint if indeed the court is devoid of its jurisdiction(Plaint needs to be perused).
A wrong judicial order alone is not sufficient to attract reprimand/sanction from Higher Court.
kanhaiyalal ojha
(Expert) 03 January 2010
I agree with D Barman. ---K L Ojha,advocate,Jharkhand High court,Ranchi-M-09431902920.
Bijoy Deka
(Querist) 03 January 2010
Dear Barman Sir,
Thank you for your reply. But in THE CODE OF CIVIL PROCEDURE, 1908, u/o3 R4 ,I could not get the Section properly. Can you explain briefly.
