- Court
- High Court of Judicature at Allahabad
- Decided
- 20 November 2023
- Case no.
- A227 9058/2023
Judgment
Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 9058 of 2023 Petitioner :- Arya Samaj Shahar Respondent :- Union Bank Of India Arya Samaj Counsel for Petitioner :- Ram Chandra Kushwaha Counsel for Respondent :- Ashish Agrawal Hon'ble Jayant Banerji,J.
¶1Heard learned counsel for the petitioner and Shri Brijesh Kumar Singh, learned counsel appearing for the respondent-bank.
¶2This petition has been filed seeking the following relief: "I. Issue a order or direction, directing/commanding to the Additional Civil Judge (J.D.) Court No. 7 Muzaffar Nagar to decide the 6-C Application (interim injunction application) of the petitioner under order 39 Rule 1 & 2 and section 151 C.P.C. in civil suit No. 211 of 2022 (Arya Samaj Shahar Vs. Union Bank of India) within stipulated period."
¶3It appears that the petitioner filed the aforesaid suit through its Pradhan seeking a decree of mandatory injunction for changing the name of the newly elected Pradhan and Koshadhyaksh in Account no. 517902010153474 being maintained in the respondent-bank and for damages. Alongwith the aforesaid plaint, an application for temporary injunction was filed for enabling them to operate the account after submission of indemnity bond. Written statement of the defendant is on record, from perusal of which, it appears that renewal of the registration of the Society was done for a period of five years on 10.10.2015, and, thereafter, the renewal of the registration of the society is pending.
¶4The petitioner has not been able to demonstrate that whether without renewal of the registration of the society, the performance of the contract between the plaintiff and the defendant can be specifically enforced.
¶5Under the circumstances, given the provisions of Order 39 Rule 2 (Uttar Pradesh Amendment), it appears that temporary injunction cannot be granted. This petition, therefore, requires no interference and is, accordingly, dismissed. Order Date :- 21.11.2023 A. V. Singh (Jayant Banerji, J.) High Court of Judicature at Allahabad
Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.