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 Purpose: NOTICE OF MOTION
Next Hearing Date: 26-04-2018
Date: 26-04-2018
Business: Matter adj. for Compliance and NM Hearing to 04.06.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-06-2018
Date: 04-06-2018
Business: Matter adj. for Compliance to 19.06.2018
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-06-2018
Date: 19-06-2018
Business: Matter adj. for Hearing on Preliminary Issue to 14.08.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-08-2018
Date: 14-08-2018
Business: suit be listed for Dismissal order on 16.08.2018.
Next Purpose: NOTICE OF MOTION
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
