LAWS(DLH)-2006-4-87

FRANCOIS XAVIER BAGNOUD INDIA SOCIETY Vs. AGDISH HARSH

Decided On April 18, 2006
FRANCOIS XAVIER BAGNOUD INDIA SOCIETY Appellant
V/S
AGDISH HARSH Respondents

JUDGEMENT

(1.) This judgment will dispose of plaintiff's suit for permanent and mandatory injunction against the defendants seeking a permanent injunction that defendants should not interfere with and deal with any assets, infrastructure in the running and administration of the plaintiff society and they should not transfer or withdraw the funds from the bank accounts of the plaintiff.

(2.) Plaintiff contended that it is a society registered at Delhi and it was formed for the purpose of carrying out the mission of defendant No.6 Association, Francois Xavier Bagnoud, Switzerland, also referred to as AFXB. Plaintiff was one of the organization sponsored by AFXB to bring to India worldwide philanthropic activities of defendant No.6 which is parent body of the plaintiff. Regarding defendant No.6 it was stated that it is a private philanthropic institution dedicated to spread international awareness, de- stigmatization and care in the field of HIV/Aids. The mission of AFXB is to fight Aids and support the world orphans and vulnerable children left in the wake of Aids pandemic and under the guidance of its board of trustees grant funds for HIV/AIDS related activities.

(3.) Francois Xavier Bagnoud Rajasthan Society in India is a registered society which was created with a view to carry out the aims and mission of AFXB (defendant No.6) in the State of Rajasthan. FXB Rajasthan Society was reporting directly to defendant No.6 and all the funds received by the said society was based on the funding received from the defendant No.6. Plaintiff is also one of the society which is another Francois Xavier Bagnoud (FXB) Organization.