Final Order 1

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 3 ADDL. SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100449/2018
Shri Avinash Pandurang Gharkar - Suit No. 475 of 2018 Vs Khastrakulotpanna Maratha Samaj
And Ors
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
COURT 3 ADDL. SESSIONS JUDGE
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