M N ABBASI Vs. M L GUPTA

JUDGEMENT

(1.) THIS suit has been filed by the plaintiff claiming himself to be the honorary General Secretary of Shooting Ball Federation of India (SBFI) (Regd.)with a prayer that this Court should declare the elections held on 26th July 2007 of the association concerned by defendant in violation of the Court order dated 25th July 2007 as null and void and without any legal consequences and also pass a decree of injunction restraining defendant, his servants from convening a meeting of executive committee on 23rd March 2008 at 2 pm at Kamla nagar, New Delhi.

(2.) DURING the pendency of the suit No. 1333 of 2007, this Court had refused to stay the conducting of elections being held of the association. However, this court appointed Court Observer. The Court Observer finding that 75% of the members were not present at the time of elections left the site in view of order of this Court. The Court observer placed his report on the record. Against the report of the Court Observer and against the elections held on that day, both parties approached the Court. The plaintiff herein filed an application under order 39 Rule 2a CPC seeking contempt of the Court. This Court made the following order:-

(3.) DEFENDANT had also filed an application objecting to the report of the court observer and this Court rejected the objections raised by the defendant.