ASHIS KUMAR CHAKRAVORTY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. K. N. Choudhury, learned Senior Counsel assisted by Mr. R. Dubey and Mr. J. Patowari, learned counsel for the writ petitioners/applicants. Also heard Mr. B. C. Das, learned senior Counsel assisted by Mr. D. Bhattacharjee, learned counsel appearing for the respondents/opposite parties as well as Mr. P. Upadhyay, learned counsel appearing for the newly impleaded respondents.

(2.) The instant Misc. case is an off shoot of W. P. (C) No. 3973/03.

(3.) By means of this Misc. Application projecting certain subsequent events surfaced during the pendency of the above writ petition to the effect that despite two interim orders dated 19.6.03 and 3.3.04 passed by this Court in the connected writ petition (Annexure 1 and 2 to this Misc. Case respectively) by which the elected Board of the Bank in the Annual General Meeting (for short, 'the A.G.M') held on 4.6.2003 was allowed to act in the interest of the Bank with a rider to avoid major policy decision, the applicants/writ petitioners, being the shareholders of the Eastern and North East Frontier Railway Cooperative Bank Ltd. (for short, 'the Bank'), have challenged the notice dated 13.5.06 issued under the signature of the Chief Executive of the Bank, though this officer has not been arrayed as the party respondent save and except one Chief Executive Officer made Respondent/opposite party No. 2 both in the related writ petition and this Misc. application respectively, notifying that 24th Annual General Meeting will be held at the Head office of the Bank in Calcutta on 31.5.06 at 11 am to consider the agenda namely (1) to consider and adopt the Chief Executive's Report along with account for the year 2004-05, (2) to consider and approve the proposed amendments of Bye-Laws of the Bank and (3) to consider the appointment of Auditor of the Bank and such action on the part of the Chief Executive (not the Chief Executive Officer as mentioned in the case title) is an arbitrary exercise of power and a glaring example of wilful and intentional violation of the Court's interim orders as noticed above.