Monday, December 31, 2001

ORDERS UNDER EXHIBIT-5 ON 31-12-2001 IN CIVIL SUIT 5827/2001

ORDER BELOW- EXHIBIT-5

The plaintiff has alleged that the chartered acccountant and the auditor of the company namely Rupmanglam Investment Private Limited has committed fowl play and handed over some papers to the defendant no 2 inspite of the fact that the condition of Memorandum of undertaking executed between two parties in operation were not fulfilled. The plainitiff has ,way back in July 1999 , asked for several clarifications from said auditor and remind that none of the concerned parties have dared to disclose the relevant information and documents and therefore, the plaintiff has initiated proper proceedings before the Registrar of Companies regarding declaration of his status as a Director of the company in question. At present, plainitiff apprehends that the defendants are trying to dispose of the property at the minimum price under the pretext of its mortgage with the defendant no 4. and may get undue advantage in such transaction wherein his interest is required to be protected since he has initiated proceedings with regard to its status in the company. In the circumstances, the defendant are hereby directed to produce on record all relevant information and details supported by the documentary evidence as asked for by the plaintiff in its letter 29-7-1999 as well as about their rights and title over the suit property and till then they are directed to maintain the status quo of the suit property as on today. Separate order for appointment of the commissioner is passed.
DATE 31-12-2001 S.G. SHAH
CHAMBER JUDGE