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| J&K Bank Office Association Controversy | | HC directed defendants to continue in office till decision of Trial Court | | Early Times Report
Jammu, December-08- In a petition filed by Prabhat Singh Jamwal & Ors VS Iqbal Singh and Ors seeking grant of temporary injunction, applicants’ clamming themselves to be the office bearer of the J&K Bank Officers Association, stood rejected by the 1st Additional District Judge Jammu on August 19, 2009, the petitioner filed this appeal.
Justice Sunil Hali of J&K High Court Jammu Wing after hearing Sr. Adv Sunil Sethi with Adv Ravi Abrol appearing for the applicants and Vikram Sharma appearing for the respondents observed that petitioners are erstwhile office bearer of the association and their term was to remain for a period of two years which expired on November, 2008. The constitution of the Association envisaged that the election process of the next term was to be initiated by the office bearers who are on saddle. It seems that no steps were taken by them as a result of which the officers of the bank held election more particularly respondent No 1 and 8 and issued a notification on February 27, 2009 for holding a general body meeting. It seems that meeting held on March 1, 2009 resulted in election of New Team of 10 office bearers of the Association. In pursuance to the other notification issued on February 17, 2009 by appellants, eight members were elected as unopposed office bearers of the J&K Bank Officers Association on May 7, 2009 that both the parties claimed to be elected members of the Association.
A suit was filed by the some of the present appellants challenging the election of defendants held on March 2, 2009; the suit has been withdrawn without seeking permission to file a fresh. The trail Court after hearing the parties dismissed the application of the appellants on the ground that the second suit filed by them challenging the election of defendants was barred by principle of res-adjudicata. The finding of the Trial Court was challenged by filling present petition.
Justice Sunil Hali after considering the case of both sides disposed of the revision petition with the directions that the observations made by the Trial Court regarding the maintainability of suit been hit by principle of re-adjudicata is set-aside. Trial Court is directed to hear the parties on this question after framing issue in the Suit. The prayer of the appellants to allow them to function as office bearers is not sustainable as they have failed to show any prima-facie case in their favour and issued direction that defendants shall continue to hold office till the Trial Court decides the legality of the election conducted on March 2, 2009. With these observations Court disposed off revision petition with the direction to parties that they shall appear before the Trial Court on December 16, 2009. JNF
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