TMI Blog2014 (9) TMI 1246X X X X Extracts X X X X X X X X Extracts X X X X ..... being declined, the Court perceives to be obliged to pass an order. Since the assumption of jurisdiction by the Appellate Court without considering the grounds on which the Trial Court declined the ad interim injunction appears to be irregular and improper, the order impugned dated September 16, 2014 is set aside and the appeal disposed of. The parties should immediately inform the Appellate C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tiffs claim to be bonafide members of the petitioner society who had been unfairly expelled from the society, whereupon the plaintiffs had requisitioned an extraordinary general meeting of the society. The further case of the plaintiffs appears to have been that the society and persons in control thereof were purporting to convene the annual general meeting of the society and push the agenda there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 19 and 20, 2014. The Appellate Court appears to have missed the reason indicated in the Trial Court order for declining the ex parte injunction. It is necessary to reiterate that an exparte order is an exception and not the rule. Merely because a suit has been filed or an appeal has been preferred, it is not implied that an order has to be passed at the ad interim stage without consideration of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manifest case of injustice or fraud is made out. The order impugned suffers from the malaise that merely because the appeal may become infructuous upon an ad interim injunction being declined, the Court perceives to be obliged to pass an order. Since the assumption of jurisdiction by the Appellate Court without considering the grounds on which the Trial Court declined the ad interim injunct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unction application. It is submitted by the petitioners herein that neither the plaint nor the injunction application filed in the Trial Court has been served on them. Without prejudice to the petitioners' contentions, Advocate representing the plaintiffs in this Court should forward copies of the plaint and the injunction application pending before the Trial Court to Advocate for the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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