ASHOK ARORA Vs. SUPREME COURT BAR ASSOCIATION
LAWS(DLH)-2020-11-3
HIGH COURT OF DELHI
Decided on November 18,2020

ASHOK ARORA Appellant
VERSUS
SUPREME COURT BAR ASSOCIATION Respondents


Referred Judgements :-

SUPREME COURT BAR ASSOCIATION VS. B D KAUSHIK [REFERRED TO]


JUDGEMENT

ASHA MENON, J. - (1.)This appeal has been filed by the plaintiff before the learned Single Judge and directed against the order dated 6 th October, 2020 dismissing the application under Order XXXIX Rules 1 and 2 CPC filed by him in his suit seeking declaration and injunction.
(2.)The facts as are relevant for the disposal of the appeal may be stated. The respondent no.1/Supreme Court Bar Association (SCBA) is a Society duly registered under the Societies Registration Act 1860, governed by its Regulations and Bye-laws. It has an Executive Committee comprising of a President, Secretary, Treasurer and other office-bearers and members who are all elected by the lawyers who are practicing in the Supreme Court of India and are its members. The appellant was elected to the post of Secretary in the elections held in December, 2019.
(3.)It is the case of the appellant that the President Sh. Dushyant Dave conducted the affairs of the respondent no.1/SCBA in a manner that was found unsatisfactory by the members and 400 of them wrote to the appellant as Secretary, on 19th March, 2020 asking him to requisition a Special GBM. The appellant informed the Executive Committee of the requisition on 21st March, 2020 on the WhatsApp Group. He then took steps to call such an emergent GBM on 6th May, 2020 based on the requisition of the 400 members. However, on 8th May, 2020, the President convened a meeting of the Executive Committee in which two Resolutions were passed against the appellant suspending him from the post of Secretary of the respondent no.1/SCBA and authorizing the Joint Secretary to discharge the functions of the Secretary. Further a Committee of three retired Judges was also constituted by the President to look into all issues concerning the appellant.


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