BABAR ROAD COLONY LEASE Vs. ANAND BAKSHI

JUDGEMENT

(1.) Present petition under Article 227 of the Constitution of India has been filed by petitioner for setting aside order dated 5th August, 2010, passed by Additional District Judge, New Delhi.

(2.) Brief facts are that petitioner is a resident welfare association registered under the Societies Registration Act. In general body meeting of the association held on 21st September, 2008 Sh. A. K. Goel was unanimously elected as President of petitioner's association for two years i.e 2008-2010.

(3.) On 10th September, 2009, a notice under signatures of respondent no. 3 was circulated on behalf of petitioner's association for meeting/formal get together of the members. Petitioner issued a legal notice asking respondent no. 3 to withdraw its notice dated 10th September, 2009. Members of Managing Committee of petitioner's association again came across a notice dated 19th September, 2009 therein respondent no. 2 claimed himself as General Secretary of petitioner's association and called a meeting of association for 20th September, 2009. General Secretary of petitioner's association circulated a notice dated 19th September, 2009 amongst the members that no such meeting has been called. Although, present tenure of the Managing Committee of petitioner's association under the president-ship of Mr. A. K. Goel is continuing but respondent no.1 projected himself as president of petitioner's association without election in general meeting and constituted other office bearers of petitioner's association including respondent no. 2 as General Secretary and respondent no. 3 as Vice President.