Delhi High Court
Mukesh Jain vs Rajender Prasad Jain & Ors. on 23 December, 2022
Neutral Citation Number 2022/DHC/005839
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 23.12.2022
+ CM(M) 1476/2022
MUKESH JAIN ..... Petitioner
versus
RAJENDER PRASAD JAIN & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Anuj Jain and Mr.Mani B. Jain,
Advs.
For the Respondents : Mr. Ajay Jain, Adv.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
CM APPL. 56500/2022 (for exemption).
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
CM(M) 1476/2022 & CM APPL. 56499/2022 (for stay)
3. With the consent of the parties, the petition is being taken up.
4. Notice is accepted by Mr.Ajay Jain, learned counsel for the
respondent Nos. 1 to 7 and 9 to 14. The petitioner challenges the order
dated 29.11.2022 passed by the First Appellate Court whereby the First
Appellate Court has refused to inference in the elections which are
proposed to be held on 25.12.2022.
5. Learned counsel submits that the learned Trial Court vide order
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
11:32:32
Neutral Citation Number 2022/DHC/005839
dated 16.04.2019 had refused to restrain elections from being conducted
on the ground that the amendments to the byelaws by the respondent
no.9 society was prima facie valid since the same were registered by the
Registrar of Society. He submits that the Trial Court as well as the First
Appellate Court did not appreciate the fact or law arising in this case.
6. Mr.Jain, learned counsel for the respondent no.9 society supports
the reasoning of the learned Trial Court as well as First Appellate Court
in the impugned order.
7. On perusal of the page 449 of the paper book, it appears that
respondent no.9 vide its meeting dated 30.11.2014 and by resolution
No.5 decided that the life members from Sectors 5, 6 and 7, Rohini,
New Delhi would also be permitted to cast their votes in the elections.
8. In view of the fact that the elections are notified to be conducted
on 25.12.2022, it is not appropriate for this Court to injunct the elections
from being held.
9. This Court is also of the considered opinion that from the prima
facie reading of the documents as well as the impugned order, resolution
No.5 detailed at Page No.449 of the paper book was not taken into
consideration by either the learned Trial Court or the First Appellate
Court while passing the impugned orders.
10. In view of above, the learned Trial Court is directed to re-hear the
application under Order XXXIX Rule 1 and 2 CPC, keeping in view the
above observations regarding Resolution No.5, as also other grounds
and contentions which the parties are open to urge before it and pass
appropriate orders after hearing the parties.
11. To balance equities, this Court is of the considered opinion that
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
11:32:32
Neutral Citation Number 2022/DHC/005839
the elections be held, and the result thereof would be subject to the
outcome of the application under Order XXXIX Rules 1 and 2 CPC to
be decided by the learned Trial Court.
12. Once the results are declared, the office bearers would be
permitted to take general decisions, however, no policy decision
impacting the byelaws rules & regulations would be taken by the newly
elected body.
13. This direction would subsist only till the learned Trial Court
decides the application under Order XXXIX Rule 1 and 2 CPC.
14. The learned Trial Court is directed to take up the application
under order XXXIX Rule 1 and 2 CPC on 25.01.2023 and expeditiously
dispose of the same, not later than four weeks from 25.01.2023.
15. Petition stands disposed of.
TUSHAR RAO GEDELA, J .
DECEMBER 23, 2022/neelam
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
11:32:32
