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news details
Court kept in-abeyance the operation of re-registration certificate of Sarv Sakti Sewak Sansthan
8/9/2024 9:02:02 PM
Early Times Report

Jammu, Aug 9: Sub-Registrar Jammu Shabnam Sheikh ordered the operation of re-registration certificate of Sarv Sakti Sewak Sansthan be kept in abeyance.
This significant order has been passed in a suit filed by Devotees of Shrine Machail Mata through Sh. Raj Kumar Gupta for declaring the re-registration Certificate of Sarv Sakti Sewak Sansthan) J&K Kishtwar bearing registration no. 669-CSA of 2024 Dated 21/06/2024 registered by the Registrar of Societies / Firms , Jammu as Null void.
The facts of the case are that the plaintiff is the one of the devotees of Shrine Machail Mata Kishtwar and the plaintiff is authorized by the other devotees by passing resolution to file present suit and also the plaintiff and others used to participate/contribute for the smooth functioning of the management of the Shrine Machail Mata. The management of the shrine Machail Mata used to run by the sanstha namely Sarv Shakti Sewak Sanstha but unfortunately due to discrepancies in the financial assets by then management no. of FIR's has been lodged against the members of the said sanstha and thereafter PIL has been filed before the Hon'ble High Court of J&K & Ladakh at Jammu. It is further submitted that, the Hon'ble High Court while adjudicating the PIL No. 24 of 2018 titled Ajay Kumar Sharma V/s State of J&K and Others directed the Government to entrust the entire management of the Machail Mata Shrine to one of the existing Shrine Board in the Union Territory of Jammu & Kashmir. Thereafter, the judgment of the said PIL No. 24 of 2018 was challenged before the Supreme Court of India and the same is still pending adjudication. Defendant who is ill minded, greedy and having nefarious design to fulfill has fraudulently and against the decision of the Court passed in above said PIL approached the Registrar of Societies Jammu for re-registration of Sarv Shakti Sewak Sanstha and by concealment of facts, the defendant has obtained the re-registration certificate of above said sanstha on 21 June 2024. It is important to mention here that during the pendency of re-registration application, the applicant came to know from the reliable sources that the defendant has filed an application for re-registration and immediately thereafter plaintiff filed an objection grounds-to the same by asserting that same sanstha cannot be re-registered in view of Judgment of the Court passed in PIL, as the then management has been dissolved by the High Court and entrusted the same to the Govt. The plaintiff is being aggrieved by the re- registration Certificate bearing registration no. 669-CSA of 2024 Dated 21/06/2024 registered by the Registrar of Societies / Firms, Jammu. Copy of the re-registration Certificate bearing registration no. 669-CSA of 2024 Dated 21/06/2024 registered by the Registrar of Societies / Firms, Jammu.
Sub-Registrar Jammu Shabnam Sheikh after hearing Advocate Ankur Sharma with Adv Pankaj Sharma for the plaintiff , observed that , it appears that plaintiffs have been able to make out a prima facie case in favour and balance of convenience also tilts in their favour. In case, the temporary injunction, as prayed for, is not granted in that eventuality, the plaintiffs are likely to suffer irreparable loss which will not be compensated by any means. The matter appears to be of emergent nature, as such, the prior notice to the non-applicant/defendant as envisaged u/s 39 rule 3 CPC is dispensed with and issue notice to other side for appearance and for filing of objections. Meanwhile, subject to objections from other side, the operation of re-registration certificate be kept in abeyance, till the next date of hearing. The plaintiffs are directed to send or deliver to the defendant, the copy of the plaintiff application including the affidavit. However, this order shall be subject to objections from other sides, defendants shall be at liberty to approach this court for alteration or modification of this order. JNF
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