Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 22Civ Suit431/23PAWAN KUMAR JAIN (Sr. Citizen) Vs. VIRENDER
KUMAR JAIN(BADMER)
09.05.2024
Present: Sh. Kunal Jain, Ld. counsel for the plaintiff.
Sh. Charanjeet Singh, Ld. counsel for the defendant no.1, 4, 5, 6, 7
and 8 with defendant no.8.
Defendant no. 9 in person.
Defendant no. 2 is already ex-parte.
None for the defendant no.3.
Cost paid by the defendants to the plaintiff.
Ld. counsel for the plaintiff has pointed out that the WS filed on
behalf of the defendant no. 1, 4, 5, 6 and 7 has only been supported with the
affidavit of defendant no.4.
Ld. counsel for the defendant no. 1, 4, 5, 6, 7 and 8 submits that it
has been mentioned therein that the said WS has been filed on behalf of
defendant no. 1, 4, 5, 6 and 7 by defendant no. 4 as defendant no. 4 has been
duly authorized by the other defendants to file the same.
Perusal of the record shows that no authority letter/SPA has been
filed to show that the defendant no.4 has been delegated with the said
authority.
In view of the same, the said WS cannot be considered with
respect to other defendants except for defendant no.4.
At this stage, Ld. counsel for the defendant no. 1, 4, 5, 6, 7 and 8
seeks some time to rectify the technical error and file fresh WS alongwith
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relevant SPA.
Let the same be filed within a week from today with advance copy
to the other side.
It is submitted by ld. counsel for the defendant no. 1, 4, 5, 6, 7
and 8 that the averments already made in the WS so filed above, will remain
the same and the contentions/averments in the said WS be considered for the
decision upon the application under Order 39 Rule 1 and 2 read with Section
151 CPC.
Ld. counsel for the plaintiff has not objected to the same.
Submissions heard on behalf of the plaintiff.
After part submissions, Ld. counsel for the defendant seeks some
time to advance further submissions.
After hearing the submissions of the parties, the court is of the
view that for any effective decision in respect of the controversies involved in
the present case, the records of the accounts managed by the adhoc committee
constituted on 14.05.2023 and the minutes of meetings conducted by adhoc
committee or the GBM, if any, on or after the said date be produced by the
next date.
The defendants are directed to produce the said record by the next
date of hearing.
Parties are further directed to not collect any subscription fee,
donation, or monies by virtue of being members of the committee, be that
adhoc or permanent till the disposal of the application under Order 39 Rule 1
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and 2 CPC.
Put up for further submissions on behalf of the parties on
31.05.2024.
(VINOD JOSHI)
ACJ-cum-CCJ-cum-ARC (East)
KKD Courts, Delhi/09.05.2024
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