Smt. Kalpana Das vs Bharat Scouts And Guides West ...
2022 Latest Caselaw 6732 Cal

20.09.2022
Sl.No. 5-8
 Ct.No.3
Amalranjan
             IN THE HIGH COURT AT CALCUTTA
              CIVIL APPELLATE JURISDICTION
                     APPELLATE SIDE

                      FMAT 315 of 2022
                      Smt. Kalpana Das
                             VS
         Bharat Scouts and Guides West Bengal & Anr.
                            With
                        CAN/2/2022

                            With
                      FMAT 316 of 2022
                      Smt. Kalpana Das
                             VS
         Bharat Scouts and Guides West Bengal & Anr.

                            With
                      FMAT 317 of 2022
                      Smt. Kalpana Das
                             VS
         Bharat Scouts and Guides West Bengal & Anr.

                            With
                      FMAT 318 of 2022
                      Smt. Kalpana Das
                             VS
         Bharat Scouts and Guides West Bengal & Anr.


               Mr. Sakya Sen
               Mr. Meghnad Dutta
               Mr. Lal Ratan Mandal
                                               ...for the appellant

               Mr. Bikash Ranjan Bhattacharya, Sr. Adv.
               Mr. Kartick Kumar Bhattacharyya
               Mr. Narayan Chandra Das
               Ms. Soumashree Dutta
                                        ...for the respondents

Re: CAN/2/2022 (Stay)

We admit the appeals.

Considering the issues involved we have

heard them out today itself after dispensing with

all formalities.

We request the learned trial judge to dispose

of the suit by 30th September, 2023. Either of

the parties will be at liberty to approach the

learned court below with an application seeking

directions for filing of written statement,

discovery, inspection etc. within a timeline, so

that the suit can be disposed of within the

aforesaid period.

We direct that during the pendency of the

suit, the respondents shall carry on the affairs of

the Association in such a manner, so that the

annual expenditure does not show a variation of

more than 10% of the annual average

expenditure taken over the last five years.

If the respondents propose to incur any

major capital expenditure or effect a major

change in a policy decision, they shall notify it in

their website at least 10 days before giving effect

to such a decision to enable any party to take

steps as he may be advised before the learned

trial judge.

Liberty is also given to any person who is

interested or represented in this suit to approach

the respondents to redress any grievance and if

not satisfied with the action taken by the

respondents to approach the learned court below

for appropriate relief in accordance with law.

The impugned judgment and order is

modified as above.

All questions are kept open before the

learned court below.

The appeals and the connected stay

application are, accordingly, disposed of.

( Biswaroop Chowdhury,J. ) ( I. P. Mukerji,J. )