KASHMIR CHAMBER OF COMMERCE Vs. ZUBAIR MAHAJAN

JUDGEMENT

(1.) This appeal has been preferred against the order dated 02.09.2020 passed by the learned 4th Additional District Judge, Srinagar, in an application for grant of interim relief filed by the plaintiffs alongside the civil suit titled Zubair Mahajan & ors. v. Kashmir Chamber of Commerce & Industry and ors., bearing File No. 90/Misc., whereby the trial court has allowed the prayers for interim relief made by the plaintiffs. The operative portion of the order reads as under:

(2.) Briefly put, the respondents herein, claiming to be active members of Kashmir Chamber of Commerce & Industries (KCC &I), a non-government public company, incorporated under the Indian Companies Act, registered with the Registrar of Companies, Srinagar, under Registration no.000041 dated 27.04.1937 with CIN no.U91110JK1937NPL00041, having its registered office at Residency Road, Srinagar, Kashmir, filed a suit for declaration and permanent mandatory injunction before the trial court against the appellants herein with the following prayers:

(3.) It is seen that in terms of Article 12 of the Articles of Association of the Company, the administration of its affairs is vested in a body, called Committee, comprising of President, Senior Vice President, Junior Vice President, Secretary General, Joint Secretary and Treasurer as its office bearers. Clause (iii) of Article 12 provides that the term of the Committee shall be for a period of one year and the election to elect the Committee and office bearers shall be held by or before 30th September each year. Appellants 2 to 7 herein were elected as such officer bearers pursuant to the elections held in September, 2018. In July, 2019, a notice for the conduct of election to the 21- Member Executive Committee and consequently the election of office bearers of the Chamber for the year 2019-20 was issued. However, on account of certain political developments in the State on 05.08.2019 and the fall out thereof, the election was not held. Instead, on 19.09.2019, it appears, the Senior Vice President and Secretary General, elected pursuant to the 2018 election, alongwith some 14 other persons, claimed to be Executive Members, held a meeting and passed resolutions, inter alia, deferring the 85th Annual General Meeting and extending the term of Executive Committee and office bearers elected in September 2018 for one year from the date of expiry of its term till ending September, 2020. The case of the respondents- plaintiffs in their plaint is that this is not permitted by the Articles of Association of the Chamber and that the above decisions and the steps taken by the office bearers thereafter are all illegal. Hence they filed the suit seeking the reliefs quoted hereinabove.