Jammu court restrains incumbent JCCI team to act as officer bearers

Term extension, Const amendments kept in abeyance; Blocks operation of bank accounts

JAMMU: In a major development, a city court on Thursday restrained incumbent president of Jammu chapter of Chamber of Commerce and Industries Rakesh Gupta and his team to act as the office bearer of the Chamber.
The Second Additional District Judge Jammu VS Bhou also issued notice to the incumbent team and restrained them from operating the bank accounts of the chamber as well.
The court was hearing a suit filed by YV Sharma in which the plantiff had objected to the decision of the Special General Meeting of the Chamber held in December 2018, in which the tenure of present Office Bearers was extended up to 1st week of March, 2021.
He sought from court the declaration as illegal and void-abinitio the meeting and the other decisions taken in it including the ‘amendments of various provisions of Constitution of the CCI’, contending they were against the provisions of the Constitution.
The plantiff had also sought consequential relief of permanent prohibitory injunction restraining the incumbent office bearers from claiming, projecting, acting, working, further continuing & holding the office of JCCI in the capacity of President, Senior Vice-President, Junior Vice-President, Secretary General, Secretary and Treasurer, respectively, as well as from dealing in any manner with movable & immovable properties of chamber including cash, bank accounts, deposits, membership fees, subscription fees, either personally or through their agents or employees in any manner.
The plea had sought from court mandatory injunction for appointment of an Election Committee for holding the fresh Elections of the office bearers of JCCI in accordance with the un-amended Constitution to restore and strengthen the democratic process of the institution.
Judge Bhou observed that plantiff have made out a prima facie case, from their pleadings and other material available on record.
“The suit calls for indulgence at this stage because action of the non-applicants has jeopardized rights of the plaintiffs. The non-applicants are continuing in office in violation of provisions of Constitution,” he noted.
He issued notice to the present office bearers under order 39 Rule 3 CPC, noting that “in case the prior notice is not dispensed with, the plaintiffs shall become non suited and irreparable loss shall be caused to them”.
The court kept in abeyance the decisions taken in Special General Meeting dated 19 December 2018 and temporarily restrained the non-applicants from acting as office bearers and operating the bank accounts of Chamber, till next date of hearing.