D.K.DASE GOWDA Vs. GOPALA GOWDA

JUDGEMENT

(1.) The appellants are parties to the suit in O.S.No.6422/2017 on the file of the XIV Additional City Civil Judge, Bengaluru (for short, the 'civil Court') and are members of an Association called "Srinagar Association" [for short, 'the Association'], which is registered under the provisions of the Karnataka Societies Registration Act, 1960.

(2.) The first respondent has filed this suit in O.S.No.6422/2017 for declaration that the Special General Body Meeting and the General Body Meeting held on 24/9/2013 and 23/10/2013, respectively are illegal and they can have no legal sanctity, and for declaration that the appellants would not be eligible to contest the elections to constitute the Executive Committee. The first respondent has also sought for permanent injunction restraining the appellants from contesting the elections.

(3.) It is obvious from the rival pleadings and submissions that there is definite acrimony between the appellants and the first respondent who are members of the Association. The first respondent alleges that the appellants are guilty of mis-utilization of funds and causing loss to the Association's finances, and almost consequential initiation of surcharge proceedings for recovery of the alleged losses. The appellants, while denying the allegations, contend that they have commenced certain proceedings, including the proceedings to challenge the very Enquiry Report which is the basis for the commencement of the surcharge proceedings.