K Malaisamy & Ors vs Indian Institute Of Public ...
2015 Latest Caselaw 360 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     CS(OS) 100/2015

      K MALAISAMY & ORS                        ..... Plaintiffs
                  Through: Mr. G.D. Goel, Senior Advocate with
                           Mr. Raghav Awasthi, Advocate.

                          versus

      INDIAN INSTITUTE OF
      PUBLIC ADMINISTRATION ANR                          ..... Defendants
                    Through: None.

      CORAM:
      HON'BLE MR. JUSTICE MANMOHAN

                   ORDER

% 14.01.2015

I.A. 822/2015 (exemption) in CS(OS) 100/2015 Allowed, subject to just exceptions.

CS(OS) 100/2015 At the outset, Mr. G.D. Goel, learned senior counsel on instructions of Mr.Raghav Awasthi, learned counsel for plaintiffs states that he wishes to delete the defendant No.2.

Consequently, defendant No.2 is deleted from the array of the parties. Let an amended memo of parties be filed by tomorrow. Let plaint be registered as suit.

Issue summons in the suit to the defendant by all modes including dasti, returnable for 19th March, 2015 before the Joint Registrar for completion of service and pleadings.

The summons to the defendant shall indicate that a written statement to the plaint shall be positively filed within four weeks of the receipt of the summons. Liberty is given to the plaintiffs to file a replication within two weeks of the receipt of the advance copy of the written statement.

The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document which is not in their power and possession, its detail and source shall be mentioned in the list of reliance which shall be also filed with the pleadings.

Admission/denial of documents shall be filed on affidavit by the parties within two weeks of the completion of the pleadings. The affidavit shall include the list of the documents of the other party. The deponent shall indicate its position with regard to the documents against the particulars of each document.

List the matter before Court on 23rd April, 2015 for framing of issues. I.A. 821/2015 in CS(OS) 100/2015 Present application has been filed restraining the defendant from pursuing any of the agenda items listed before the Special General Body Meeting to be held on 16th January, 2015.

Mr. G.D. Goel, learned senior counsel for plaintiffs submits that the Special General Body Meeting has been convened in violation of the provisions of the Memorandum of Association and Election Bye-laws of defendant.

Mr. Goel submits that the Director of defendant is bent upon subverting the procedure established by Memorandum of Association and Rules as well as the Election Bye-laws.

Having perused the paper book, this Court is prima facie of the view that the General Body of the defendant is the supreme body and it can consider any business on its agenda or any other business that is brought forward with the permission of the Presiding Officer as provided in Rule 24.

Since in the present case, the proper agenda has been circulated, this Court is prima facie of the view that it would not be proper to interdict the democratic functioning of the defendant.

However, to ascertain full facts, issue notice on the application to the defendant by all modes including dasti, returnable on 19 th March, 2015 before Joint Registrar.

It is clarified that the aforesaid observations are tentative and shall not prejudice the rights and contentions of either of the parties either at the time of final disposal of the suit or at the time of final hearing of the application.

List before Court on 23rd April, 2015.

MANMOHAN, J JANUARY 14, 2015 js