Order 8

Order Details: COPY OF ORDER
Pdf Text: CS SCJ 1038/25 ASHOK VIHAR TRADERS ASSOCIATION (REGD) Vs. VARUN
SHARMA M/S DEEP SONS
12.12.2025
Present: Sh. Vishal, Ld. Counsel for plaintiff.
Sh. Bhuwan Jain, Sh. Joginder, Ld. Counsels for defendant no.2.
None for defendant no.1 and 5.
Defendant no.4 is already Ex-parte.
Vide this order I shall decide the application filed by the plaintiff under order 39
rule 1 & 2.
1. Ld. Counsel for the plaintiff has argued that, the Plaintiff is a Traders Association
registered with the name Ashok Vihar Trader Association working for the welfare
of Shop Owners and is being represented through its President Mr. Satish
Aggarwal. It is stated that on 21.09.2024, election was conducted for the offices of
the said association after following the due legal process, in which Mr. Satish
Aggarwal was elected as the President. However, it is alleged that the defendants
claim themselves to be the elected office bearers of the said association and have
obstructed and prevented the plaintiff from carrying out welfare activities for the
association. Further, the plaintiff has argued that the defendants have now
circulated a notice whereby they have claimed to conduct elections in December
2025 and it is argued that the said elections will be conducted by them in a vague
manner i.e., by show of hands and not by following the due procedure. Hence, by
way of this application, the plaintiff has prayed that ex-parte ad interim injunction
be granted so as to order the election of Ashok Vihar Trader Association to be held
by appointing election officer to be appointed in General Meeting scheduled on
date fixed by the Court. Ex-parte ad interim injunction is also prayed against the
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defendants so as to restrain them from interfering/ obstructing in working of the
association, to restrain them from joining any office of the association and to
order a fix time frame to conduct the General Meeting and date of election as per
the rules and regulations of the association. The Plaintiff has relied upon the
amended bye laws copy of which has been filed by them along with the plaint
whereby complete procedure of election has been defined. During arguments, the
plaintiff has also produced copy of documents to show that previously also,
elections were conducted as per the by laws relied upon by the plaintiff in which
even a few of the defendants had participated.
2. The defendant has opposed this application stating that the bye laws which are
being relied upon by the plaintiff are neither registered nor adopted by the
Association which is visible from the fact that the same do not bear any date of
adoption and no memorandum of adoption has been annexed. It is argued that the
said bye laws produced by the plaintiff do not bear any signatures or any
seal/stamp of the registrar of societies and no certificate of registration has been
filed by the plaintiff. Further, the defendants have relied upon a different set of
bye laws filed by them along with their application under order 7 rule 11 and reply
to this application which are stated to be duly registered and have argued that the
defendants have conducted elections in pursuance to these bye laws which are still
in force and in which they have been duly elected as office bearers. Further, it has
been argued that by way of the present application, the plaintiff has prayed for the
main relief, hence, the application is liable to be dismissed. Also, ld. Counsel for
defendant no. 3 has produced a copy of registration certificate to show that
“Central Market Ashok Vihar Traders Association” was registered in year 2017
vide certificate no. 2872/SDM/NW/2017 and it has the same procedure for
elections as followed by the defendants.
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3. I have heard the arguments addressed by both the parties and have perused the
records carefully.
4. It is a trite law that the crucial parameters on which application under Order
XXXIX rule 1 & 2 r/w Section 151 CPC has to be disposed of are as under:
1. Whether there is a prima facie case in favour of the applicant or not?
2. Whether the balance of convenience lies in favour of the applicant?
3. Whether the applicant is going to suffer irreparable loss & injury, in case
the injunction is not granted?
5. Prima facie case means that there is a likelihood of infraction of a legal right of
the plaintiff by the defendant. The plaintiff has to also establish that balance of
convenience lies in its favour. Balance of convenience connotes comparatives
mischief likely to be caused to the other party in case of grant or refusal of relief
of injunction. The plaintiff has to also satisfy the court that non-interference by
the court would result in an irreparable injury and that there is no other remedy
available to him except one i.e. grant of injunction in his favour. The plaintiff has
to prove the above-stated three ingredients before he can be given a relief under
Order XXXIC rule 1 & 2 r/w Section 151 CPC.
6. In the case in hand, it is not denied that the initial bye laws were adopted in the
year 1978. However as per the plaintiff, they were amended later on as the
association grew whereby detailed procedure for elections was prescribed. He has
also annexed the list of voters, bifurcation of votes and the result of election
whereby he was elected as a president after following a democratic procedure.
The said election appears to have been conducted under supervision of an election
officer who was appointed after a meeting of the members of the said association.
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The plaintiff has also placed on record the link of Youtube video whereby the
election procedure of the plaintiff and the appointment of election officer was
video graphed. Moreover, during arguments, the plaintiff has also produced record
to show that elections have also been conducted previously as per the amended by
laws. The defendants on the other hand claims that the amended bye laws of the
plaintiff can not be relied as there is nothing to suggest that they were ever
registered. However, defendants have not negated the claim of plaintiff regarding
previous elections being conducted as per the amended bye laws. Nothing has
been produced to suggest that the previous elections were disputed by the
defendants. Prima facie it appears that the plaintiff was elected to office of the
said association by following a due democratic procedure as mentioned in the
amended bye laws.
7. Accordingly, this court is of the view that the plaintiff has a prima facie case and
the balance of convenience also lies in favour of the plaintiff. Also, the tenure of
the plaintiff has been passing and if the same is obstructed, it shall cause an
irreparable loss to the plaintiff. Hence, in view of the abovementioned discussion,
the application of the applicant/plaintiff is disposed of as allowed.
8. The defendants are restrained from interfering in the functioning of the Plaintiff
till disposal of the suit or completion of his tenure, whichever is earlier.
9. This order shall not come in way of conducting elections as per the procedure
mentioned in the amended bye laws if the tenure of the office bearers of the said
association has expired.
10.Nothing stated herein shall tantamount to findings on the merits of the case.
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11.Application stands disposed off and be tagged along with the case file.
(Vaibhav Kumar)
Civil Judge-N/W District
Rohini Courts-12.12.2025
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