BHASKAR NARAYANRAO BAND Vs. VISHNU BHIKAJI KOLTE

JUDGEMENT

(1.) This is an appeal against the order of the learned Civil Judge, Senior Division, Chanda, vacating an ex parte ad interim injunction which was earlier granted by him, on an application made by the appellant in a suit filed by him against the respondent. The appellant is the Principal of a College known as the Janata Mahavidyalaya situate at Chanda, conducted by the Chanda Shikshan Prasarak Mandal, Chanda, which is a society registered under the Maharashtra Co -operative Societies Act, 1960. It is also registered as a public charitable trust under the Bombay Public Trusts Act, 1950, The said college is affiliated to the Nagpur University. In 1964, the Charity Commissioner filed a suit in the Court of the District Judge at Chanda, being Civil Suit No. 2 of 1964, against the said Society. The fourteen members of its Managing Committee were also impleaded as defendants Nos. 2 to 15 to the said suit. In the said suit, the Charity Commissioner made allegations against the members of the Managing Committee of having mismanaged the property of the said Trust, of having - committed various breaches of trust, and of having caused loss to the said Society by acts of misappropriation and negligence. The suit was for removal of the said Managing Committee from the office as trustees, for rendition of accounts, for a permanent injunction restraining all the said trustees from acting as trustees, and for settling a scheme for managing the said Trust. In the said suit, on an application made by the Charity Commissioner an Interim Receiver was appointed by the learned District Judge on December 21, 1964. The Interim Receiver is respondent No. 8 to this appeal.

(2.) IN exercise of the powers conferred by Section 31 of the Nagpur University Act, 1963, the Executive Council of the Nagpur University has framed certain Ordinances. Ordinance No. 4, which is entitled 'College Code', applies, by virtue of clause 2 of the said Code, to all colleges admitted to the privileges of the University which are not maintained by the University, as also in certain respects to colleges maintained by the State Government and admitted to the privileges of the University. The College Code provides for the setting up of a Governing Body for the management of every college. The Chairman and the Secretary of the Foundation Society are to be the ex -officio Chairman and the ex -officio Member respectively of such Governing Body, and the Principal of the college is to be the ex -officio Secretary. It is the appellant's case that by reason of the appointment of the Interim Receiver in the said Civil Snit No. 2 of 1964, the District Court has taken over the functions of the Managing Committee and the Governing Body and is administering the said Trust through the Interim Receiver.

(3.) IT is not possible to say today whether these complaints were sent in furtherance of the alleged conspiracy as suggested by the appellant. It is also not possible to say today whether the close proximity between the date of the lunch party held at the house of respondent No. 5 and the dates of these complaints and the threatened action to go on a token hunger strike is significant. These are matters of evidence to be decided at the hearing of the suit. In view of the issues actually arising in the suit, these questions, however, do not seem to be very material.