PAWAN JAIN Vs. HINDUSTHAN CLUB LIMITED

JUDGEMENT

(1.) This motion has been taken out for interlocutory relief of order of prohibitory injunction restraining the defendants and each of them and/or by their servants and agents or assigns or otherwise from denying, the plaintiffs or any of them the right as nominees and to contest election for the post of Executive Committee members at the AGM [annual general meeting] of the company scheduled to be held on 18 December 2004, and for mandatory injunction commanding the defendants to permit the plaintiffs and each of them to contest the election for the posts of the Executive Committee members of the company to be held on 18 December 2004 and also for appointment of an independent person to conduct or supervise or oversee the annual general meeting of the defendant No. 1 to be held on 18 December 2004. This application has arisen out of a suit for declaration that the plaintiffs are, and each of them is entitled to be, eligible for contesting the election for the post of Executive Committee member of the company at the AGM of the company scheduled to be held on 18 December 2004 and for other appropriate consequential reliefs.

(2.) In the body of the plaint and petition, I find the plaintiffs have challenged the aforesaid decision of the Election Officer.

(3.) At the interim stage, the plaintiffs obtained an interim order on 17 December 2004 passed by the Hon'ble Justice Subhro Kamal Mukherjee staying the operation of the decision of the Election Officer dated 15 December 2004 rejecting the nomination papers of the candidates for election of the office bearers at the annual general meeting and restrained the club from holding election of office bearers until further orders. This interim order was not appealed against and the same is still valid and subsisting.