Order 1

Order Details: Order below exhibit
Pdf Text: ... 1 … Order on Exh.1 Suit 792 of 2018
MHCC010036832018 Presented on : 16.03.2018
Registered on : 19.03.2018
Decided on : 03.01.2025
Duration : 06 09 18
Years Months Days
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY, AT BOMBAY
ORDER PASSED BELOW (EXH.01)
IN
SUIT NO.792 OF 2018
(CNR NO. MHCC010036832018)
Mohamed Wasim Samsulhaq Chodhry
Aged about 42 years, Occ : Truck Driver
Room No.5,-4-3, Azad Nagar,
Zakaria Bhander Road, Shiwri,
Mumbai 400 015. …. Plaintiff
Versus
1
2
3
Dock’s Local Transporter’s and Lorry
Owner’s Association
(Registered Trade Union No: BY 2-8493)
Trapinex House 15, Solapur Street,
P. D’Mello Road, Basement Floor,
Room No.3, Mumbai 400 009.
Jayshivrao Shendge
Age about 52 years, Occ : Transporter
(Chairman of Defendant No.1)
Vilasrao Shendge
Age about 70 years, Occ : Transporter
(Ex- Vice Chairman of defendant No.1)
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4
5
6
7
Ikraam Ahmed Khan
Age about 50 years, Occ : Transporter
(President of defendant No.1)
Hafizula Rehaman Chodhry
Age about 50 years, Occ : Transporter
(Ex-Vice President and Trustee of
defendant No.1)
Arkam Farooki
Age about 40 years, Occ : Transporter
(General Secretary of defendant No.1)
Nurulhasan Sheikh
Age about 50 years, Occ : Transporters
(Ex-Vice General Secretary and Treasurer
of defendant No.1)
All above defendant No.2 to 7 are office
bearer of defendant No.1 having their
office address at : Trapinex House 15,
Solapur Street, P. D’Mello Road,
Basement Floor, Room No. 3,
Mumbai 400 009. …. Defendants
CORAM : HIS HONOUR THE PRINCIPAL JUDGE,
SHRI A.SUBRAMANIAM
C.R.NO..
: 19
DATE : 03rd DAY OF JANUARY, 2025
Appearances :-
Adv. Ashutosh Khandeparkar, Ld. Counsel for plaintiffs.
Adv. Mukesh Dubey, Ld. Counsel for defendants.
ORAL ORDER
1. I have noticed and then heard the plaintiff on issue of the
maintainability of the suit. The facts as stated in the plaint in
short are that the plaintiff alleges that he is owner of Lorry and
registered Member of defendant No.1 and defendant No.1 is
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... 3 … Order on Exh.1 Suit 792 of 2018
registered Trade Union. There are office bearers of said union and
there are elections which were held on 03.01.2015. By order
dated 27.02.2018, registration fo defendant No.1 was cancelled.
Further elections are contemplated. To supersede entire
provisions, it is pointed out that elections are being held and
hence the reliefs are being sought. Subsequent thereto, suit has
been amended that election which was conducted on 31.03.2018
and new committee was formed and that elections were not held
fairly. It is alleged that some amounts are being charged and
illegal administration is conducted by concerned office bearers.
Hence, administrator is to be appointed. There are some
discrepancies alleged in said elections and management business
and functioning of committee is illegal and bad in law.
Considering reliefs claimed, plaintiff was called upon to argue
upon maintainability of present suit on two counts. Firstly, as it
pertains to registered Trade Union where appropriate reliefs and
forum is duly established. Secondly, on account of submission
made that term of said committee elected 2018 had expired.
2. Perused the plaint. Heard, Ld. Counsel for plaintiffs. Ld. Counsel
for defendant present today.
3. It is pertinent to note that present proceedings relates to working
and administration and elections of a duly registered Trade
Union. Apparently, Trade Union Act is a complete code in itself
and provides a proper forum for all grievances with regard to
administration, working and elections with regard to Trade Union
which is duly registered. In such circumstances, it is apparent that
the present suit is not maintainable. In such circumstances,
exercising powers, I hereby reject the plaint. Suit No.792 of 2018
stands disposed off accordingly. Consequently, Notice of Motion
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... 4 … Order on Exh.1 Suit 792 of 2018
No. 1294 of 2018 stands disposed off accordingly.
O R D E R
a. Plaint is rejected
b. Consequently all pending notice of motions and chamber
summons stands disposed off
DATE : 03.01.2025 (A.SUBRAMANIAM)
PRINCIPAL JUDGE
CITY CIVIL COURT, MUMBAI.
(JO CODE MH01711).
Dictated and transcribed on : 03.01.2025
Checked and signed on : 15.01.2025
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"CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER"
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
(Grade-III)
DATE : 15.01.2025 at 05.54 pm Mr. Mohit M. Patange
Name of the Judge (with Court no.) : SHRI A.SUBRAMANIAM. C.R.NO.19.
Date of pronouncement of judgment/order : 03.01.2025
Judgment/order signed by the P.O. on : 15.01.2025
Judgment/order uploaded on : 15.01.2025
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