C/M Young Mens Christian And ... vs State Of U.P. And 6 Others
2022 Latest Caselaw 482 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 728 of 2021
 

 
Appellant :- C/M Young Mens Christian And Another
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Appellant :- Prabhakar Awasthi,Dhiraj Singh,Vijay Kumar Mishra
 
Counsel for Respondent :- C.S.C.,A.D. Saunders,Ranjit Bisen,Sanjai Singh
 

 
Hon'ble Manoj Misra,J.

Hon'ble Sameer Jain,J.

We have heard Sri Prabhakar Awasthi for the appellants; learned Standing Counsel for the respondent no.1; and Sri A.D. Saunders for the respondents 5, 6 and 7.

The order impugned in this appeal dated 02.09.2021 passed by the learned Single Judge in Writ-C No.21081 of 2021 is extracted below:-

"The order passed by the Assistant Registrar has been quashed by this Court by judgment and order rendered on 23.07.2021 rendered in Writ C No. 11975 of 2021 (The Allahabad Young Mens Christian Association and other Vs. Assistant Registrar and others). There is no good cause any longer for the respondent Bank to put the bank account of the educational institution on hold.

The order dated 05.04.2021 is quashed.

The writ petition is allowed.

Sri Kumar Dutt Singh, learned counsel holding brief of Sri Sanjai Singh, is present for the respondent bank."

Sri Prabhakar Awasthi, learned counsel for the appellant, submits that after the order of the Assistant Registrar was quashed, the election dispute has been referred to the prescribed authority, under Section 25(1) of the Societies Registration Act, for adjudication and, therefore, appellants have a fresh cause of action to approach the authority concerned in respect of their grievance. He, accordingly, prays to withdraw this appeal with liberty to take recourse to other appropriate remedy.

In view of the above, the appeal is dismissed as withdrawn with liberty as prayed for.

Order Date :- 4.4.2022

AKShukla/-