Uday Bhan vs Balkar Singh And Another on 17 August, 2009

C.R. No. 2781 of 2009                                                     [1]




        IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                                 CHANDIGARH.

                                  C.R. No. 2781 of 2009

                                  Date of Decision: August 17, 2009



Uday Bhan

                                       .....Petitioner

             Vs.

Balkar Singh and another

                                       .....Respondents


CORAM:       HON'BLE MR. JUSTICE M.M.S. BEDI.

                           -.-

Present:-    Mr. Tribhuvan Dahiya, Advocate
             for the petitioner.

             Mr.Ravi Partap, Advocate for the respondents.

                   -.-



M.M.S. BEDI, J. (ORAL)

Vide impugned order, the Lower Appellate Court has reversed

the order passed by the trial Court dismissing the application for interim

injunction in a suit filed by the plaintiff- respondents against the defendant-

petitioner that he should be restrained from holding election of the

Executive Committee on September 28, 2008 and for issuing fresh

membership to the persons illegally and unlawfully contrary to the
C.R. No. 2781 of 2009 [2]

Constitution of Dr.Bhim Rao Ambedkar Mahasangh, Haryana, which is a

registered Society under the Registration of Societies Act, No. XXI of 1860.

Vide impugned order, the Lower Appellate Court has held that plaintiff has

got a prima facie favourable case and the balance of convenience also lies in

his favour, as such, the petitioner has been restrained from interfering in the

smooth functioning of the appellant as President of Mahasangh or from

issuing fresh membership to other persons. Election held on September 28,

2008 has been held to be unconstitutional though it had not been

challenged.

After hearing counsel for the parties, it is apparent that the

defendant- appellant had been appointed as Patron of Dr.Bhim Rao

Ambedkar Mahasangh, Faridabad, (Haryana). The plaintiff- respondent

Balkar Singh, during the pendency of the suit, is alleged to have been

appointed as President of the abovesaid Mahasangh. The impugned order

dated March 3, 2009 passed by the lower Appellate Court appears to be

vague and non-speaking while granting general injunction that the

defendant- petitioner will not interfere in the smooth functioning of the

appellant-plaintiff. The order is clarified that the defendant- petitioner and

the plaintiff- respondent will be bound by the terms, conditions and

objectives of the Mahasangh and would perform their respective duties in

accordance with the Constitution of the Mahasangh. The order passed by

the lower Appellate Court will not, in any manner, give liberty to the

respondents to deviate from their duties or the objectives of the Mahasangh.

The defendant- petitioner will be at liberty to exercise his jurisdiction in
C.R. No. 2781 of 2009 [3]

accordance with the Constitution. Any observations regarding the election

will not be binding for the purpose of decision of the case on merits.

With the above observations, this revision petition is disposed

of with the direction to the trial Court to dispose of the case expeditiously.

August 17, 2009                                      (M.M.S.BEDI)
 sanjay                                                JUDGE