G. S. Bhatta v. Sirius Shipping Co. Ltd. [C. A. No. 27 of 2007]   Section 403, read with sections 397/398 of the Companies Act, 1956 - Interim order by Tribunal - On application under sections 397/398 an interim order was passed directing respondents to maintain status quo in regard to shareholding - Respondent company moved an application to High Court for amalgamation with company ‘T’ - Petitioner, thus, filed instant application submitting that act of respondent amounted to willful disobey of orders of Bench - It was further submitted that company had accepted share application money of Rs. 26.19 crore pending for allotment, which had been taken into account to arrive at valuation of shares of company, and in that process value of applicant’s share would get reduced, thus, respondents, having willfully disobeyed order dated 12-12-2005, must be prosecuted in accordance with law - Whether in view of fact that no further share had been issued pursuant to interim order, mere treatment of money lying in share application pending allotment as shares capital for determining value of shares of company would in no way be violative of orders of Bench - Held, yes - Whether, further, having regard to fact that existing share holders of company including applicant would be allotted shares upon sanction of scheme in ‘T’ Limited in ratio as envisaged in scheme which was pending consideration of High Court, it was clear that share holding pattern of company remained unchanged and applicant merely apprehended that same would be changed as and when company would be merged with ‘T’ Limited - Held, yes - Whether mere apprehension would not go in aid of applicant, thus, there had been no disobedience of order at instance of respondents and, consequently, application for contempt was to be closed - Held, yes More