Interim Order 1

Order Details: Order below exhibit
Pdf Text: S.C.Suit No. 2421/19. 1 Order below Exh.34.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
APPLICATION (EXHIBIT 34)
IN
S. C. SUIT NO. 2421 OF 2019
Mr. C. H. Krishnan & Others )...Plaintiffs
Versus
Trombay Malayalee Samskarika Samithi )...Defendants
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 18th OCTOBER, 2022.
Shri P.R.Rajkumar, Advocate for defendant no.1.
Shri Nitesh Hinduja, Advocate for the plaintiffs.
ORDER BELOW EXHIBIT 34.
1. This is an application seeking permission to spend amount
of Rs.15,00,000/ for arranging functions or programmes on the eve of
National Festival – Onam and Golden Jubilee function of defendant
no.1 trust filed by defendant no.1. Perused application and reply
(Exh.34A). Heard learned counsel Shri P.R.Rajkumar for defendant
no.1 and learned counsel Shri Nitesh Hinduja for the plaintiffs.
2. Considering nature of litigation, it is clear that elections of
defendant no.1 trust were conducted as per order of the Court and
results could not be declared due to pendency of the present suit.
Therefore, major decisions could not be taken by the Body without
conducting Special General Body Meeting. Considering limited financial
rights to spend up to Rs.1,00,000/ without conducting Special General
Body Meeting, defendant no.1 is constrained to approach this Court for
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S.C.Suit No. 2421/19. 2 Order below Exh.34.
seeking permission to spend money for above purposes. The plaintiffs
have given account of various amounts recovered from students by
imposing fine as late fees and stated that these amounts are not
expected to be utilized for such functions. The plaintiff has further tried
to elaborate huge expenses are not likely to be incurred for organizing
of this function. The plaintiff has given stress upon the fact that the
symbolic Onam Festival was celebrated on 08/09/2022. Even if
contentions of the plaintiffs are taken into account, defendant no.1 is
liable to give account of expenses after function is organized. Defendant
no.1 is seeking general permission. Therefore, application (Ex.34) can
be allowed so that social activities of defendant no.1 trust are carried
out. Defendant no.1 trust can't be made to remain in standstill position
due to pendency of the suit proceeding. Hence, I pass the following
order :
ORDER
1. Application (Exh.34) is allowed.
2. Defendant no.1 trust is permitted to spend funds up to the
extent of Rs.15,00,000/ for organizing Golden Jubilee
Programme of the trust and celebrating Onam Festival with
direction to maintain account of expenses.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.66)
Date : 18/10/2022. Mumbai.
1. Dictated on : 18/10/2022.
2. Transcribed on : 18/10/2022.
3. Signed on : 18/10/2022.
4. Delivered to Certified :
Copy Section on
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S.C.Suit No. 2421/19. 3 Order below Exh.34.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
18/10/2022. 5.11 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 18/10/2022.
Judgment/Order signed by P.O. on 18/10/2022.
Judgment/Order uploaded on 18/10/2022.
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