Chairperson JWCCs restrained from holding AGM, operating accounts

Excelsior Correspondent
JAMMU, July 3: Sub-Registrar Jammu Adnan Syed has restrained Chairperson of Jammu Women Credit Cooperative Society Ltd from holding Annual General Meeting and taking any financial decision.
The order was passed in a suit filed by Kanta Devi and others, elected members of the Jammu Women Credit Cooperative Society Ltd.
“The plaintiffs were appointed vide resolution dated 06-02-2017 by various delegates/ members of the society who are suffering because of the conduct of the Chairperson as such the plaintiffs are representing the cause of more than 9100 members of the society”, the counsel appearing for the suit said.
“The basic function of the society is to provide financial support to the women in urban and rural areas besides to provide them platform for entrepreneurship. However, the Chairperson is illegally acting against the interest of the society and its members”, the counsel submitted, adding “defendants have not conducted elections as per Act and Constitution/ bye laws of the society since 03-9-2013 despite various requests by the plaintiffs and other members of the society”.
After hearing Advocate PC Sharma appearing for the plaint, court observed, ‘plaintiffs have established that there is emergent nature in this suit and if some order is not passed, the suit will become infructuous means there is strong case at this stage in their favour”.
“Balance of convenience also lies in their favour and if some interim order in ex-parte is not passed, they will also suffer irreparable loss and injury. As such requirement of prior notice under Order 39 Rule 3 CPC is dispensed with and non-applicants are restrained from operating accounts including Fixed Deposits in the name of “Jammu Women Credit Cooperative Ltd. (JWCC)” in Jammu Central Cooperative Ltd. Bank”, the court said.
The court further restrained non-applicants from calling Annual General Body Meeting and taking financial decisions on behalf of the Jammu Women Credit Cooperative Ltd without the permissions of the court. Even Chairpersons was restrained from disengaging/ engaging/appointing any person in the Society as employee till next date of hearing.