PARMOD DHAWAN Vs. MES BUILDERS ASSOCIATION OF INDIA

JUDGEMENT

(1.) BY this order, I propose to decide the pending application being I.A. No.8708/2012 under Order XXXIX, Rules 1 & 2 read with Section 151 Code of Civil Procedure, 1908.

(2.) THE plaintiff filed the suit for declaration, mandatory and permanent injunction seeking declaration that the decisions taken at the Council meeting held on 18th March, 2012 to delay the Branch and Council elections of defendant No.1-Association and the letters dated 11th April, 2012 and 30th April, 2012 are illegal, void and nonest, and defendant No.1 be restrained from giving any effect to the decisions taken on 18 th March, 2012 and also restrained the elected members/office bearers from holding office beyond 1st July, 2012. Also directions be issued to the defendants to conduct the elections of the Branches and Council of defendant No.1 for 2012-13 in accordance with the provisions of the Memorandum and Articles of Association of defendant No.1.

(3.) THE plaintiff states that on 9th March, 2012, the Hony. General Secretary of the Council sent a notice to all members of the Council for convening a meeting of the Council to be held at Ambala City on 18th March, 2012. After the said meeting, vide letter dated 11th April, 2012, defendant No.3 communicated to the Hony. Secretaries of all the Branches of defendant No.1- Association the decisions taken during the course of the meeting held on 18th March, 2012 and it was advised that the election process might not be initiated for the year 2012-13. The minutes of the said meeting were communicated to the members under cover of Circular No.17 dated 13th April, 2012.