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Som Praksh Agarwal vs Munish Agarwal & Ors.

High Court Of Judicature at Allahabad|28 August, 2019

JUDGMENT / ORDER

1. This contempt petition has been filed by the petitioner for alleged violation of the judgment and order dated 07.03.2018 passed in Writ Petition No.4002(MS) of 2018. The aforesaid writ petition was finally disposed of with following directions:-
"The committee of management constituted as per order dated 17.2.2018 shall assume the charge of actual affairs of the society subject to the outcome of any proceedings as permitted hereinabove.
Insofar as the membership of the society is concerned, the impugned order passed by the Deputy Registrar shall stand modified in terms of this order to the extent that the list of surviving members would also include petitioner no. 2. The list of members presently alive including petition no. 2 shall remain operative till all disputes relating to the election held on 17.2.2018, raised if any, are settled and the same may not be altered till then.
With this clarification, the election proceedings held on 17.2.2018 are held to be final for all purposes and the same shall abide by any order that may be passed by the competent authority in respect of any dispute having a bearing on the election held on 17.2.2018.
The record placed before this Court be returned to Sri Manjeev Shukla, learned Additional Chief Standing Counsel in a sealed cover who shall hand over the same to the officials concerned for the same being kept in the office of Deputy Registrar.
It shall be open to any of the members of the society to obtain a copy of the election proceedings or any information in relation thereto on complying with the requisite procedure.
The petition is accordingly disposed of."
2. Against the aforesaid judgment and order dated 07.03.2018, the respondent filed Special Appeal No.116 of 2018, however, the said Special Appeal was dismissed.
3. In pursuance to the notice issued in the contempt petition, compliance affidavit of Mr. Munish Agarwal has been tendered today in the Court which is taken on record. From perusal of the aforesaid affidavit, it is evident that on 13.08.2019 the entire charge of the committee of management has been handed over to the petitioner.
4. In view of the aforesaid, nothing survives in the contempt petition, which is hereby dismissed as having become infructuous.
Contempt notice stands discharged. However, if the petitioner is aggrieved by not handing over of the documents etc., it is open to him to take necessary proceedings before the competent Court/authority, if he is so advised and law permits.
Order Date :- 28.8.2019/prateek
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Title

Som Praksh Agarwal vs Munish Agarwal & Ors.

Court

High Court Of Judicature at Allahabad

JudgmentDate
28 August, 2019
Judges
  • Dinesh Kumar Singh