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motion was filed seeking urgent interim relief restraining Mr. McLinden from functioning or
continuing to exercise powers as WTD, pending disposal of the suit.
Mr. McLinden on 19th May 2016 filed a detailed reply denying the effect of section 196(3) (a) on
his tenure of 5 years, which was validly made as per the provisions of 1956 Act. Along with this,
Mr. McLinden raised a preliminary issue u/s 9A of the CPC challenging maintainability of the
suit and further contended that this issue ought to be decided first.
On 13th June 2016, a learned Single Judge of the High Court of Essos Concluded that the issue of
Limitation need not be decided as a preliminary issue and proceeded to decide the notice of
motion and thus issued an interim injunction restraining Mr. McLinden from Continuing as the
WTD of the Goodenough pending disposal of the Suit.
Being aggrieved by the order of the learned Single Judge, Mr. McLinden challenged the said
judgment in an appeal before the Division Bench of the HC of Winchester. By an order dated 28th
July 2016, the Honble DB upheld the order of the Single Judge and dismissed the appeal.
Again, Mr. McLinden, challenged the orders of the HC of Winchester before the Honble SC of
Islandia by way of Special Leave Petition and in the petition for special leave to appeal, MR.
McLinden raised a preliminary issue relating to Limitation in accordance with section 9A CPC.
On the merits of the matter, Mr. McLinden contended that sec 196(3) (a) of the Company Act
2013 can not act retrospectively on an appointment made validly according to the 1956 Act and
further contended that it will not act as an immediate disqualification on the appointment and
continuation of the WTD. It was also argued that a purposive interpretation of Section 196 (3)
would show that the word continue in the said section would apply only in context of clause
(b), (c) and (d) of the aforesaid section and not on clause (a) of section 196.