COL. MANBEER CHAUDHARY (RETD.) JEWELS HOTEL KARNAL (HARYANA) AND ALSO AT THE REGISTERED OFFICE AT 406/75 Vs. CIVIL JUDGE (SENIOR DIVISION), LUCKNOW AND OTHERS

JUDGEMENT

(1.) This is a petition for issuing a writ in the nature of certiorari quashing the impugned order dated 24.8.2004 passed in Misc. Case No. 161 (C) of 2004, Ashok Kumar Garg Vs. Col. Manbeer Chaudhary and others as contained in Annexure No. 1 to the writ petition.

(2.) The opposite parties No. 2 and 3 filed Suit No. 738 of 2003 in the Court of the Civil Judge (Senior Division), Lucknow challenging the election of the Managing Committee held at Delhi on 22.9.2003 with an intention to obtain a decree of declaration and permanent and mandatory injunction. The opposite parties No. 2 and 3 also made a prayer for re-election. The Civil Judge (Senior Division), Lucknow without considering the question as to whether the jurisdiction lies at Lucknow or not Issued notices to the defendants and passed ex-parte injunction order on 20.12.2003 restraining the defendants in the suit from taking any policy decision and from mis-using the funds of the Association. The petitioner being defendant appeared in the Court of the Civil Judge (Senior Division), Lucknow and filed the written statement raising preliminary objection that the suit was not maintainable and moved an application under Order XXXIX, Rule 4 of the Code of Civil Procedure for vacating the ex-parte injunction. The said Suit remained pending for long. One year's term of the Managing Committee elected on 22.9.2003 was going to expire and 53rd Annual General Meeting of the Company was going to take place. The opposite parties No. 2 and 3 filed Misc. Case No. 161-C of 2004 in the Court of the Civil Judge (Senior Division), Lucknow under Order XXXIX, Rule 2-A of the Code of Civil Procedure seeking initiation of the proceedings under the aforesaid provisions against the petitioner on the ground that the petitioner by calling. Extra Ordinary General Meeting at Jallandhar had disobeyed and violated the interim injunction dated 20.12.2003. In these proceedings, the opposite parties No. 4 to 6 were also impleaded although they were not parties to the suit. The Civil Judge (Senior Division), Lucknow without determining the question of jurisdiction passed further injunction restraining the petitioner from holding 53rd Annual General Meeting by the impugned order which has been sought to be quashed in this writ petition. At the time of admission of the writ petition, this Court passed an order. The relevant portion of the order is as follows :

(3.) Order XXXIX, Rule 2-A of the Code of Civil Procedure is as follows :