1. Heard Mr. B.B Naik, learned Senior Counsel with Mr. Desai, learned advocate for the petitioners, Mr. Shah, learned advocate for respondent No.3 and Mr. Janak Raval, learned AGP for respondent Nos. 1 and 2.
2. On 17.4.2012 office was directed to issue notice to the respondents. The notice was made returnable today.
Until today, the contesting respondents have not filed reply affidavit. Even at the time of hearing also reply affidavit is not filed by any respondent.
3. Today when the petition is called out and taken up for hearing request for permitting amendment in the petition as per the draft amendment dated 23.4.2012 is made. It is claimed that copy of the said amendment was served on the office of Government Pleader on 23.4.2012.
4. Draft amendment is granted. The amendment to be carried out forthwith.
5. It is claimed by the petitioners that the first meeting of the respondent Bank (after declaration of results of election on 26.3.2012) is to be conducted tomorrow (i.e. on 25.4.2012) and in the said meeting, the respondent Nos. 3 and / or respondent No.4 are likely to appoint two Professional Directors (from other than elected members) which is likely to adversely affect the equation of membership. In this background, the petitioners have prayed for interim relief as contained in paragraph Nos. 6(B) and in paragraph No.6(BB).
6. Mr. Shah, learned advocate for the respondent No.3 and learned AGP, initially requested for time to file reply affidavit. However considering the fact that the meeting is scheduled tomorrow, requested for passover to take instruction from their respective clients. However, any reply as to the proposed action is not given (despite two pass-over) by respondent Nos. 3 and 4.
7. Therefore below mentioned order is passed:-
The hearing of present petition is adjourned to 26.4.2012. The schedule of the meeting and / or the agenda including proposed election are not interfered. Instead, it is clarified that in the meanwhile if any Professional Director other than the persons elected in election held in March 2012 is / are appointed as Professional Director/s by respondent Nos. 3 or respondent No. 4 then such appointment will not be brought in effect until next date of hearing i.e. 26.4.2012 and the said person will not take charge of office until 26.4.2012. Direct service is permitted.
(K.M.THAKER,J.) Suresh* Top