Early Times Report
Jammu, Nar 16: The 2nd Additional District Judge Jammu VS Bhou today kept in abeyance the operation of decisions/resolutions of the impugned Special General Meeting dated 19.12.2018 of the Chamber of Commerce and Industry through its President organized 13.03.2019 whereby term of the defendant no. 2 to 7 was extended alongwith various amendments in the Constitution.
2nd Additional District Judge Jammu Virender Singh Bhou after hearing Sr. Advocate B.S.Salathia, Sr. Advocate with M/s Pawan Maini, Ashish Sharma ,Bhanu Singh Slathia and Diksha Mehra,Advocates for the YV Sharma whereas Sr. Advocate K.S.Johal with Advocate S.S.Ahmad also restrained office bearer of CCI from using any financial power to deal with the accounts of the Chamber of Commerce and they are also restrained from operating the bank accounts of the defendant no. 1 with the IDBI Bank, Bahu Plaza, Jammu (Account No. 0147104000051493), the Citizens 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), either themselves or through their agents/employees in any manner till the final disposal of the suit. However only for purpose of the payment of salary of the staff/employees of the defendant no 1, payment for purposes of electricity bills/telephone bills and rental charges obliged to be paid by the defendant no. 1 , the defendant no 5 is authorized to operate only one of the aforementioned bank accounts of the defendant no. 1 under his name and signature with due maintenance of each and every withdrawal to be so made by him and the monthly record of the same shall be furnished by him in the case before this Court till any further order/direction to the contrary. A copy of this order shall be provided by the defendant no. 4 to all the concerned banks for the compliance on their part. Nothing observed herein shall be taken as impacting the adjudication of the suit on merits but was meant to be only for the purpose of disposal of the application at hand.
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 and 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. |
