The Pursuer subsequently brought proceedings for unfair dismissal in which he was unsuccessful. The First Defenders maintain that although there was oral agreement in principle on 21 October 2008 the agreement was not meant to be binding unless and until reduced to writing and that matters were superseded when on 27 October 2008 the Pursuer gave notification that he regarded himself as having been, on 21 October 2008, unfairly dismissed from his employment as general manager of the Second Defenders. The Pursuer seeks interim interdict in terms of the first two conclusions. His action concludes (1) for interdict of the First Defenders from implementing the share purchase option (2) for interdict of the Second Defenders from registering the share transfer (3) for implement of the oral contract of 21 October 2008 by the First Defenders by making payment of the price of £348,211.32 in return for a stock transfer failing which (4) for payment by the First Defenders to the Pursuer of the sum of £348,211.32 as damages. The Pursuer avers that the First Defenders undertook as part of the oral agreement to acquire his shareholding for the price of £348,211.32. The Pursuer maintains that the share purchase option was superseded by an oral agreement between the parties entered into on 21 October 2008 and subsequently acted on and in large measure implemented. The Pursuer was employed by the Second Defenders as general manager until some time between 21 October 2008 and 31 January 2009. The Shareholders' Agreement contains provision for the transfer of the Pursuer's shares to be effected by an attorney nominated by the First Defenders in the event that the Pursuer does not cooperate. The First Defenders purported to exercise the option by notice dated 6 August 2010. The Shareholders' Agreement provides that transfer of the Pursuer's shares in implement of the option will take place on 1 January 2011. A written Shareholders' Agreement between the parties dated 31 July 2007 conferred on the First Defenders an option to purchase the Pursuer's shares exercisable between 1 August and 30 September 2010 in return for payment of a price calculated in accordance with a contractual formula, broadly five times 2010 earnings per share. The First Defender company is the owner of 82 of the 102 issued shares. The Pursuer is the owner of 20 of the 102 issued shares in the Second Defender company. This is an action for interdict and payment. Dealing With a Deceased's Estate Guidance Notes.Simplified Divorce and Dissolution of Civil Partnership Guidance Notes.AC Messenger-at Arms and Sheriff Officers.Criminal Courts Practice Notes and Directions.Procedures and practices which apply to courts.Only judgments of significant points of law or public interest.Divorce and Dissolution of Civil Partnership.Dealing With a Deceased’s Estate in Scotland.Information on how some court processes work and action you may want to take.Information for those due to attend or visit court.Preliminary Hearings and Dates of Inquiry.Courts, tribunals and Justice organisations in Scotland.
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