Excelsior Correspondent
JAMMU, Oct 27: Court of Munsiff Jammu today stayed the notice of Amar Singh Club regarding holding of extra-ordinary General Body Meeting on October 29.
The stay was granted by Munsiff Jammu Arti Devi in a suit filed by Rohit Sharma and others challenging the notice.
The Plaintiffs have alleged that the present Executive Committee has lost all the power and authority to issue notice for calling extra-ordinary General Body Meeting as its tenure has since expired on 27-12-2016 as per provisions of the Constitution of the Club.
“As per the provisions of the Constitution defendants were bound to hold fresh elections immediately after completion of the tenure of 2 years but the defendants are continuing illegally without any authority”, the Plaintiffs submitted.
After hearing counsel for the Plaintiffs, the court observed, “from the material made available on record at this stage it appears that the Plaintiffs have made out a good prima facie case in their favour”, adding “the other factors governing injunction-balance of convenience and irreparable loss also tilts towards them as such prior notice to the non-applicants as envisaged under Order 39 Rule 3 CRPC is dispensed with and in other to preserve suit property the grant of injunction is must”.
Accordingly, the court kept in abeyance the notice dated October 24, 2017 till next date of hearing. “This order, however, is subject to objections from other side and till next date of hearing the other side is at liberty to seek modification of order in case chooses so on or before next date of hearing”, the court added.
Follow our WhatsApp channel