IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.21705 of 2001 Between: S.Y.Sree Kumar, S/o.Venkateswara Rao, Hyderabad Communication Net Work Private Limited, H.No.6-1-85/9, II Floor, Sarla Sadan, Opp:Telephone Bhavan, Saifabad, Hyderabad. ..... PETITIONER AND The Chief Manager, Bank of Baroda, Khairathabad, Hyderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a Writ order or direction more particularly one in the nature of writ of MANDAMUS, declaring the action of the respondent in not allowing the petitioner to operate the Current Account No.61761 of Bank of Baroda, Khairathabad Branch, Hyderabad is illegal, arbitrary unreasonable and contrary to the orders of the Comptent Civil Courts and Company Law Board, with a direction to the respondent Bank to allow the petitioner to operate on the Current Account No.61761, with immediate effect, and pass such other order. Counsel for the Petitioner:MR.T.VENKATA RAMANA Counsel for the Respondent No.: MRM.HARI BABU The Court made the following: Form-NIC-OGS/WP{ANURADHA} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.21705 of 2001 ORDER: It is the case of the petitioner that he was the Managing Director of Hyderabad Communications Network Private Limited holding 49% shares in the company and one Master Channel Community Network Private Limited is holding 51%. The company is carrying on cable network business. It is stated that the Master Channel Community Network Private Limited appointed two directors and the petitioner being the Managing Director, he has been operating the bank account, but, however, as there arose certain disputes among the parties to the said company and when the petitioner was prevented from operating the bank account, he ﬁled a civil suit in O.S.426/2001 on the ﬁle of the 1st Senior Civil Judge, City Civil Court, Hyderabad and obtained ad-interim injunction in I.A.326/2001 by order dated 20.03.2001 directing the respondents in the said suit who are the directors of the said company not to interfere with the functions of the petitioner as Managing Director of the Hyderabad Communications Network Private Limited till 31.03.2001 on which date the term of the office of the petitioner expires. Now as the term of the petitioner itself has been expired as Managing Director after 31.03.2001, I am of the opinion that it may not be possible to resolve the inter se disputes among the directors of the said company. Having regard to the facts of the case, the Writ Petition is disposed of, keeping it open for the respondent bank to authorise such of the person or Managing Director as the case may be who is entitled to manage the aﬀairs of the said company as Managing Director. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 27.08.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Chief Manager, Bank of Baroda, Khairathabad, Hyderabad. 2 2. 2CCs to 3. 2CD copies