ASHIM KUMAR DEY Vs. CALCUTTA WHOLESALE MEDICINE MARKET AREA COMMITTEE OF BENGLORE MISTS AND DRUGISTS ASSOCIATION

JUDGEMENT

(1.) This is an application for leave to prefer an appeal at the instance of a third party to the suit against the judgment and decree dated 30th January, 2006 passed by the learned Judge, 7th Bench, City Civil Court at Calcutta in Title Suit No. 1459 of 2005 on the basis of compromise of the parties.

(2.) The respondent No.1, an association represented by the respondent No. 2, its Secretary, filed a suit against the respondent Nos. 3 and 4, two other associations thereby praying for declaration that the plaintiffs were legally entitled to take part in the Annual General Meeting of the respondent No. 3 scheduled to be held on 28th September, 2005 and also in the proceedings for election of the office bearer of the respondent No. 4 for the year 2005-06 with further declaration that the respondent No.l was entitled to carry on its duty and function with its existing office-bearers till its successors are appointed through a General Meeting to be held with the agenda of election of office bearers of the respondent No.l and for permanent injunction restraining the respondents Nos. 3 and 4, their men, agents and members from creating any obstruction or any inconvenience to the office-bearers of the respondent No.1 from taking part in the Annual General Meeting and also in the election proceedings to be held on 28th September, 2005.

(3.) The said suit was decreed in terms of compromise effected between the plaintiffs and the defendants.