Date: 16-02-2018
Business: Since the P.O. is on official training from 12.02.2018 to 24.02.2018, the matter adj. to 26.04.2018.
Next Hearing Date: 26-04-2018
Date: 26-04-2018
Business: None for plaintiff.
Adv. Joshi for D-1 to 4 present and filed VP on behalf of D-1 to 4.
He also filed affidavit in reply to NM No.449/2018 and submits that suit has become infructuous since the meeting dated 14.1.2018 has already concluded. Nobody appears for the plaintiff.
Ld. Counsel for defendant no.1 to 4 undertakes to serve the copy of NM reply to the Ld. Counsel for plaintiff.
Original notice of motion is not tendered by plaintiff.
Matter adj. for Compliance and NM Hearing to 04.06.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-06-2018
Date: 04-06-2018
Business: None for plaintiff.
Adv. Joshi with Adv. Ms. Bhakti for defendants No.1 to 4 present and filed affidavit of service in notice of motion.
Kept back
Later on at 03.05 pm.
Adv. Parkar for plaintiff present and submits that he has received the copy of reply filed by D-1 to 4 on 31.5.2018. Hence he seeks time to examine the reply and file rejoinder, if necessary.
Ld. Counsel for plaintiff should also point out whether the matter survives in view of the subsequent developments.
Matter adj. for Compliance to 19.06.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2018
Date: 19-06-2018
Business: Adv. Parkar for plaintiff present and filed rejoinder in NM No.4498/2018.
Adv. Joshi for D-1 to 4 present.
Original NM No.4498/2018 is not tendered.
Heard Ld. counsel for the parties. I find that in view of the subsequent developments and objections raised by defendants in their reply, a preliminary issue is required to be framed in this suit - Whether the suit filed by plaintiff is maintainable
Matter adj. for Hearing on Preliminary Issue to 14.08.2018.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 14-08-2018
Date: 14-08-2018
Business: None for plaintiff.
Adv. Joshi for D-1 to 4 present.
In view of deletion of section 9A of CPC, the preliminary issues framed on 19.6.2018 shall be considered while framing issues in the suit.
Ld. Counsel for defendant no.1 to 4 submits that suit has become infructuous in view of the prayer made in the suit and there is no challenge to the outcome of the meeting taken on 14.1.2018 before any authority. Since there is no appearance on behalf of plaintiff, the suit be listed for Dismissal order on 16.08.2018.
Next Purpose: DISMISSAL
Next Hearing Date: 16-08-2018
Date: 16-08-2018
Business: Adv. Parkar for plaintiff present.
Adv. Joshi for D-1 to 4 present.
This matter is today fixed for dismissal order.
Kept back
Later on at 1.45 pm.
Despite second call at 1.45 pm., there is no appearance on behalf of plaintiffs. The prayer in the suit is for declaration that the impugned notice dated 3.1.2018 for Special General Body meeting dated 14.1.2018 is illegal and bad in law. The other prayers are for interim relief. On 12.1.2018, the plaintiff had filed draft notice of motion on the ground that there was urgency as the meeting was scheduled on 14.1.2018. This court was not inclined to grant ad-interim relief to restrain the defendants from holding the meeting and it was observed that the plaintiff can attend the meeting without prejudice to his rights and contentions. It was further observed that any decision is taken in the meeting regarding approval of accounts shall be subject to further orders in the suit.
Despite the specific order, till today the plaintiff has not brought on record any subsequent development in the matter and the minutes of meeting dated 14.1.2018. In paragraph no.9 of the reply filed by D-1 to 4, it is stated that the meeting was attended by plaintiff no.1. In paragraph no.8 of the rejoinder filed by the plaintiffs, they have stated about the events that allegedly took place on 14.1.2018 in the meeting. Since the meeting held on 14.1.2018, this matter has bee listed on several dates. The plaintiffs have neither amended the plaint nor they have brought on record the subsequent developments. Therefore question of keeping the suit pending does not arise as it has become infructuous. As stated above, the prayer clause (a) of the suit has become infructuous. Hence suit has to be disposed of as infructuous. The plaintiffs are at liberty to file a fresh suit if there is a fresh cause of action in their favour. Chamber summons or notice of motion, if any, is disposed of as infructuous.
Later on at 3.15 pm.
Adv. Parkar for plaintiff present and he is heard on the point of suit becoming infructuous. He has cited from rulings but those rulings on the point of jurisdiction. Hence they are not applicable. He was informed about the liberty granted by this Court to file a fresh suit.
Nature Of Disposal: DISMISSED
Disposal Date: 16-08-2018
