Final Order 1

Order Details: Other
Pdf Text: 16.08.2018
SU 475/18
CORAM : G.R. AGRAWAL, JUDGE (C.R. No.03)
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
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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.
Judge
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