Interim Order 1

Order Details: Other
Pdf Text: Unregistered NM in S.C. Suit no. 2949-19
1 Date : 19.11.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
UNREGISTERED NOTICE OF MOTION ______ OF 2019
IN
S.C. SUIT NO. 2949 OF 2019
Dr. (Mrs.) Joyce Sankaran .. Plaintiff
Versus
Organization of Educational Resources
and Technological Training (ORT) & Ors. .. Defendants
Appearances :
Ld. Adv. Dr. Santosh Raje for plaintiff present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 19.11.2019
ORDER
1. The plaintiff has tendered unregistered Notice of Motion
seeking following reliefs :
a. The defendant no. 2 to 8 be directed by this Hon’ble
Court to disclose the details of the decisions/ resolutions
passed in the said meeting dated 27.10.2019 by the
Managing Committee.
b. That pending the pending and final disposal of this suit,
this Hon’ble Court be pleased to grant an order of
temporary injunction by passing adinterim / intereim
order thereby restraining the defendant no. 2 to 8 from
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Unregistered NM in S.C. Suit no. 2949-19
2 Date : 19.11.2019
executing the resolutions or decisions taken by the
defendant no. 2 to 8 in the said meeting of the
Managing Committee held on 27.10.2019 on behalf of
defendant no. 1.
c. Cost.
d. Any such order as the nature and circumstances of the
case may required be passed.
2. It is contended by the plaintiff that she is the Chair person of
defendant no. 1 Organization. The defendant no. 2 to 7 are
members of Managing Committee. The Elections for the period
September 2019 to September 2022 are held on 08.09.2019. The
defendant no. 8 is the director who on 27.10.2019 illegally
convened the meeting of the Managing Committee in the absence
of the plaintiff.
3. It is argued by the advocate of the plaintiff that as per Rule
16 of Memorandum of Association, any meeting convened without
Chairman is illegal and bad in law. Therefore, the plaintiff seeking
relief restraining the defendants from acting on the meeting dated
27.10.2019 and also to disclose the business of meeting dated
27.10.2019.
4. Per contra Advocate for defendants opposed the Notice of
Motion. It is contended by the defendants that admittedly the
elections for the period September 2019 to September 2022 held
on 08.09.2019 and accordingly the schedule to change report has
been forwarded by the plaintiff herself to the Charity
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Unregistered NM in S.C. Suit no. 2949-19
3 Date : 19.11.2019
Commissioner, wherein she in the capacity of reporting Trustee
filed change report. In the aforesaid change report she herself
mentioned as Managing Committee. Moreover, Rule 16 r/w.
Section 21, no where prescribed that it is mandatory to convened
the meeting in the presence of chairman only. After election, in
order to select the chairperson, correspondence were made by the
plaintiff herself without disclosing therein that she is making
correspondence in the capacity of Chairman. She remained absent
on the date of meeting and unanimously the Chairperson was
selected. The Memorandum of Association of ORT does not
invalidate the selection of Chair Person in the absence of any
member of Managing Committee. Thus, it is contended by the
defendants that interim relief be rejected.
5. Heard both the sides. Perused Notice of Motion, pleadings of
the parties. The plaintiff by way of instant suit is challenging the
meeting dated 27.10.2019 held by the Managing Committee.
According to the plaintiff the aforesaid meeting held in her
absence. She is the continuing Trustee of the defendant no. 1.
Therefore, meeting held in her absence, is illegal. Therefore,
plaintiff seeking adinterim protection for restraining the
defendants to act as per the meeting dated 27.10.2019.
6. It is not in dispute that the election of the Managing
Committee was held on 08.09.2019. Accordingly, the plaintiff
herself being reporting Trustee forwarded the change report
mentioning the name of Managing Committee, in which the
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Unregistered NM in S.C. Suit no. 2949-19
4 Date : 19.11.2019
plaintiff is also one of the Managing Committee. Moreover, the
Memorandum of Association does not prescribed any rule for
continuation of earlier selected Chairpersons till next Chair Person
is selected by the new Managing Committee. Further as per Rule
16 and 21, I find that meeting in the absence of Chairperson is not
mandatory rule. Further, communication calling meeting which
has been made by the plaintiff is not in capacity as the
Chairperson. Hence, I do not find any merit in the contention of
plaintiff to grant Adinterim protection. Thus, I proceed to pass
the following order :
ORDER
1. Adinterim protection is hereby rejected.
2. Plaintiff to register the Notice of Motion.
3. Parties to act on steno copy.
(A.H.Laddhad)
Judge
City Civil and Sessions Court
Dated : 19.11.2019 Greater Bombay.
Dictated on : 19.11.2019
Typed on : 19.11.2019
Draft Submitted on : 19.11.2019
Checked on : 22.11.2019
Signed on : 22.11.2019
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Unregistered NM in S.C. Suit no. 2949-19
5 Date : 19.11.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
27/11/2019 at 4.45 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
19/11/2019
JUDGMENT/ORDER signed by P.O.
on
22/11/2019
JUDGMENT/ORDER uploaded on 28/11/2019
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