Court restrains defendants from operating bank accounts
Excelsior Correspondent
JAMMU, Mar 16: 2nd Additional District Judge Jammu V S Bhou today kept in abeyance the operation of decisions/resolutions taken by the Jammu Chamber of Commerce and Industry in its special general meeting held on December 19, 2018. Through the impugned decisions, the term of the office bearers was extended and several amendments were carried out in the Constitution.
After hearing Senior Advocate B S Salathia, Senior Advocate with M/s Pawan Maini, Advocates Ashish Sharma ,Bhanu Singh Slathia and Diksha Mehra for Y V Sharma (plaintiff) whereas Senior Advocate K S Johal with Advocate S S Ahmad for the defendants, the court also restrained office bearer of CCI from using any financial power to deal with the accounts of the Chamber of Commerce and from operating the bank accounts of the defendants with the IDBI Bank Bahu Plaza, Citizens Co-operative Bank Bahu Plaza, JCC Bank Rail Head Complex and the Jammu and Kashmir Bank Ltd Bahu Plaza either themselves or through their agents/ employees in any manner till the final disposal of the suit.
However, for payment of salary of the staff/employees of the Chamber, electricity bills/telephone bills and rental charges the defendant (Rakesh Gupta) was authorized to operate only one bank account with due maintenance of each and every withdrawal to be so made by him and the monthly record of the same shall be furnished by him before the court till any further order/direction to the contrary.
“A copy of this order shall be provided to all the concerned banks for the compliance on their part. Nothing observed herein shall be taken as impacting the adjudication of the suit on merits but was meant to be only for the purpose of disposal of the application at hand”, the court said.
This significant order has been passed in a suit filed by YV Sharma for declaration to the effect that the special general meeting of the Chamber of Commerce and Industry dated 19.12.2018 whereby the tenure of present office bearers was extended up to 1st week of March 2021 and its other decisions including the so-called amendments of various provisions of Constitution of the CCI are illegal and void-abinitio being against the provisions of the Constitution, thus be declared as non-est in the eyes of law.
In the suit relief of permanent prohibitory injunction was also sought for restraining the defendants from claiming, projecting, acting, working, further continuing and holding the office of CCI as its office bearers in the capacity of President, Senior Vice-President, Junior Vice-President, Secretary General, Secretary and Treasurer respectively.
The prayer was also made for restraining the defendants from dealing in any manner whatsoever with movable and immovable properties of CCI Jammu including cash, bank account(s), deposits, membership fees, subscription fees either personally or through their agents or employees in any manner whatsoever.
Further, a relief of mandatory injunction was also sought 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) of CCI Jammu without any further delay in order to uphold the constitution of CCI, Jammu and further restore/ strengthen the democratic process of the institution.
Follow our WhatsApp channel
