Early Times Report
JAMMU, Feb 20: 2nd Additional District Judge Jammu VS Bhou today restrained present team of Chamber of Commerce to act as officer bearers.
This significant order has been passed in a suit filed by YV Sharma for declaration to the effect that the Special General Meeting of the Chamber of Commerce and Industry (Regd) Jammu (here-in-after referred to as CCI, Jammu) dated 19.12.2018 held at Hotel Radisson Blu, Jammu whereby the tenure of present Office Bearers of CCI, Jammu was extended upto 1st week of March, 2021 and its other decisions including the so-called Amendments of various provisions of Constitution of the CCI, Jammu are illegal and void-abinitio being against the provisions of the Constitution, thus be declared as non-est in the eyes of law. With a consequential relief of permanent prohibitory injunction restraining the defendants No 2 to 7 from claiming, projecting, acting, working, further continuing & holding the office of CCI, Jammu as its office bearers in the capacity of President, Senior Vice-President, Junior Vice-President, Secretary General, Secretary and Treasurer respectively. Further, restraining the defendants No 2 to 7 from dealing in any manner whatsoever with movable & immovable properties of CCI, Jammu including cash, bank account(s), deposits, membership fees, subscription fees of CCI, Jammu either personally or through their agents or employees in any manner whatsoever. With a further relief of mandatory injunction for appointment of an Election Committee for holding the fresh Elections of the office bearers of CCI, Jammu in accordance with the original Constitution (un-amended) of CCI, Jammu without any further delay in order to uphold the constitution of CCI, Jammu and further restore/strengthen the democratic process of the institution of CCI, Jammu.
2nd Additional District Judge Jammu VS Bhou after hearing BS Slathia, Sr. Advocate with M/s Pawan Manni, Ashish Sharma, Bhanu Singh Slathia and Diksha Mehra, Advocates appearing for the plantiff observed that from the pleadings of the plaint and other material available on record, it appears that the applicants/plaintiffs have made out a prima facie case and balance of convenience also lie in favour of the applicants/plaintiffs and calls for indulgence at this stage because action of the non-applicants has jeopardized rights of the applicants/plaintiffs and defendants/non-applicants are continuing in office in violation of provisions of Constitution. The plaintiffs/applicants have made out a ground for dispensation of prior notice as contemplated under order 39 Rule 3 CPC because in case the prior notice is not dispensed with, the applicants/plaintiffs shall become non suited and irreparable loss shall be caused to them. Therefore, notice under Order 39 Rule 3 CPC is hereby dispensed with.
Court issue notice to other side for appearance and in the meantime the decisions taken in Special General Meeting dated 19-12-2018 held at Hotel Raddison Blu Jammu as published in Danik Jagran dated 13-3-2019 is kept in-abeyance and non-applicants/defendants no. 2 to 7 are temporarily restrained from acting as office bearers and operating the bank accounts of defendant no. 1 in The IDBI Bank, Bahu Plaza, Jammu (Account No. 0147104000051493), The Citizen Co-operative Bank Bahu Plaza, Jammu (Account No. 30109070777), JCC Bank Rail Head Complex, (Account No. 612) and The Jammu and Kashmir Bank, Ltd. Bahu Plaza, Jammu (Account No. 0022040100004253), till next date of hearing. This order is, however, subject to subjects from the other side and can be varied or modified at the instance of other party. Plaintiffs/applicants shall serve the defendants/non-applicants in terms of order 39 Rule 3 CPC and file affidavit in response thereto accordingly in terms of rule (b) of 39 CPC, till next date of hearing.
--JNF |
