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GA No. 164 of 2009 CS No. 12 of 2009 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION NARENDRA KUMAR BERLIA AND OTHERS

-Versus-

                        OM PRAKASH BERLIA AND OTHERS




For the Plaintiffs:                  Mr Anindya Mitra, Sr Adv.,
                                     Mr Abhrajit Mitra, Adv.,
                                     Mr Jishnu Chowdhury, Adv.,
                                     Mr Sarvapriya Mukherjee, Adv.,
                                     Ms Rekha Ghosh, Adv.
437), it was recognised that "misconduct" on the part of the director provided an exception to the rule laid down in that case."

The cause-title relating to the present suit has this to say on the plaintiffs' side:

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" 1. Narendra Kumar Berlia for self and as Karta of Narendra Kumar Berlia, HUF and on behalf of all the shareholders of the defendant Nos. 9 to 21 save and except the defendant Nos. 1 to 8 and their nominees.
2. Shreya Berlia
3. Megha Berlia All carrying on business from 208 Jamunalal Bajaj Street, Kolkata 700 007, within the jurisdiction aforesaid.
Plaintiffs."

The defendant Nos. 1 to 8 are members of the Berlia family. The defendant Nos. 9 to 21 are companies that the plaintiffs claim are family companies of the Berlias. The defendant Nos. 22 to 32 are either human individuals or bodies corporate who, the plaintiffs insinuate, are nominees of the defendant Nos. 1 to

The reliefs claimed include partition of the defendant Nos. 9 to 21 companies; partition of all movable and immovable properties as mentioned in the relevant annexures to the plaint which include the properties of the companies; declaration of the shares of the five sons of Gurdayal Berlia, deceased; declaration that the defendant Nos. 9 to 21 companies and their business and assets form part of the joint family properties; and, declaration and injunction relating to alleged illegal directorial appointments and the dealing of assets of the defendant Nos. 9 to 21 companies.