Court restrains Rakesh Gupta, others from acting as office bearers of CCI

Decisions taken in Spl General Meeting kept in abeyance

Excelsior Correspondent

JAMMU, Feb 20: 2nd Additional District Judge Jammu has kept in abeyance the decisions taken in the Special General Meeting of the Chamber of Commerce and Industry Jammu held on December 19, 2018 and temporarily restrained the defendants from acting as office bearers and operating the bank accounts of the Chamber.
The order has been passed in a suit filed by Y V Sharma and Prithvi Raj Gupta (Principal Members of Chamber of Commerce and Industry Jammu) challenging the decisions taken in the Special General Meeting of the Chamber dated December 19, 2018 whereby the tenure of present office bearers was extended up to Ist week of March 2021.
Through the suit challenge was also thrown to other decisions including the so-called amendments of various provisions of Constitution of CCI Jammu for being void-abinitio. The plaintiffs also prayed for relief of permanent prohibitory injunction restraining the defendants from claiming, projecting, acting, working, further continuing and holding the office of CCI Jammu as its office bearers in the capacity of President, Senior Vice-President, Junior Vice-President, Secretary General, Secretary and Treasurer respectively.
Prayer was also made for restraining the defendants from dealing in any manner whatsoever with movable and immovable properties of Chamber including cash, bank accounts, deposits, membership fees, subscription fees either personally or through their agents or employees in any manner.
Further a relief of mandatory injunction for appointment of an Election Committee for holding the fresh elections of the office bearers of CCI Jammu in accordance with the original Constitution (un-amended) without any further delay in order restore/strengthen the democratic process of the institution of CCI Jammu.
After hearing the counsels for the plaintiffs, the court issued notice to other side for appearance and ordered, “in the meantime the decisions taken in Special General Meeting dated December 19, 2018 are key in abeyance and non-applicants/defendants are temporarily restrained from acting as office bearers and operating the bank accounts of Chamber till next date of hearing”.
“This order is, however, subject to objections from the other side and can be varied or modified at the instance of other party”, the Judge said while listing the suit for further hearing on March 2, 2020.