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2019 (7) TMI 451

..... the above directions, inter alia, on the ground that respondent Nos. 1 and 2 are creating impediment in the working and management of Hamdard Laboratories (India) - right to operate bank accounts in terms of Wakf Deed of 1948. HELD THAT:- There is an inadvertent mistake in the judgment dated April 3, 2019 when the Court said that the parties will additionally continue with the arrangements arrived at in respect of the management of the Hamdard in terms of resolution dated April 28, 2015. The resolution was in respect of two bank accounts of Hamdard in the Corporation Bank only. The resolution is in no way in respect of management of Hamdard and even remotely has no connection with the management of the Hamdard. Therefore, the word ‘ma .....

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..... d the appointment of appellant as Chief Mutawalli but still respondent No. 1 wrongfully and illegally continues to assert that both the respondent Nos. 1 and 2 are in joint management along with the appellant. The genesis of such claim is the direction of this Court in para 59 of the judgment dated April 3, 2019, which reads as under: 59. Thus, in view of above the appeals are allowed. The order passed by learned Division Bench on 27.11.2018 is set aside and that of the order of learned Single Bench on 25.10.2017 is restored. The parties will additionally continue with the arrangements arrived at in respect of the management of the Hamdard in terms of the resolution dated 28.04.2015. 3. The appellant filed I.A. No. 5860 of 2017 before the D .....

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..... 015. The resolution dated April 28, 2015 was passed in the meeting of Board of Trustees while considering a proposal to operate two bank accounts of Hamdard in the Corporation Bank, Asaf Ali Road Branch, Delhi. By such resolution, one member of each of the two groups could sign in combination for operation of the bank accounts in the Corporation Bank. One of the conditions in the resolution is that the resolution can be rescinded if a notice in writing is given to the Bank by any of the trustees of the Trust. 7. The argument of the appellant is that Abdul Majeed has revoked the resolution which is made out from the electronic mail sent on December 12, 2018. Therefore, the arrangement in respect of banking operations arrived at between the t .....

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..... gements arrived at in respect of the management of the Hamdard in terms of resolution dated April 28, 2015. The resolution was in respect of two bank accounts of Hamdard in the Corporation Bank only. The resolution is in no way in respect of management of Hamdard and even remotely has no connection with the management of the Hamdard. Therefore, the word management is inadvertent mistake of this Court which is required to be substituted by the word banking operations . 10. The learned Single Bench has not granted relief to the appellant to operate bank accounts as claimed by him. This Court, vide judgment dated April 3, 2019, has not granted the relief which was not granted by the learned Single Bench but it was ordered additionally to conti .....

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..... Courts against the appellant Hammad Ahmed. 14. In the application, it is pointed out that S. Rajagopalan was the authorised representative of Hamdard in case No. 525309 of 2016 and also in Complaint Case No. 5480/1/2010, both pending before Metropolitan Magistrate, Kamla Market, New Delhi. It is also pointed out that one Javed Akhter, Sr. Manager (Legal) of Hamdard was the authorised representative of Hamdard in three cases under Section 138 of the Negotiable Instruments Act, 1881 and also in FIR No. 89 of 2014. 15. The grievance of the applicant is that the appellant has appointed his son Sajid Ahmed as authorised representative of Hamdard. Therefore, the son of the appellant will be prosecuting his father which will not lead to fair trial .....

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