Partly allowed

Mrs. Gayathri Shetty v. Institute of Indian Interior Designers (Iiid)

Karnataka HC15 Dec 2022WP/100261/2022

Case brief

AI extract

What is this about?

On the trial that elections for respondent society have concluded, petitioners challenge interim orders refused by lower court. Court dismisses petition regarding injunction due to completed elections.

What did the court decide?

Petition No.100261/2022 disposed off directing Trial Court to consider pending applications, suspension stayed. Petition No.104168/2022 dismissed for lack of state action.

Mrs. Gayathri Shetty Vs Institute of Indian Interior… — Company and Corporate | Karnataka HC (2022)

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WP No.100261/2022 C/w W.P.No.104168/2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 15^TH DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

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WRIT PETITION NO.100261 OF 2022 (GM-CPC) C/W WRIT PETITION NO.104168 OF 2022 (GM-CPC)

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IN WRIT PETITION NO.100261 OF 2022 (GM-CPC) BETWEEN:

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MRS. GAYATHRI SHETTY AGED ABOUT 58 YEARS, W/O. MR. PRASANNA KUMAR SHETTY R/O. NO.14, TEMPLE TREES ROW, CAUVERY COLONY, BENGALURU-560047

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MRS. TANUJA B. K. AGED ABOUT 61 YEARS, W/O. MR. SANJAY KANVINDE R/O. KANVINDE RAI AND CHOWDHURY 14-F, MIDDLE CIRCLE, CONNAUGHT PLACE, NEW DELHI-110001

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MR. SUBHASHCHANDRA AROLE AGED ABOUT 76 YEARS, S/O. GOPAL RAO AT FOLDEN GRANITE PVT. LTD., 11, SHOPPING ARCADE, AURORA TOWERS, OPP. DR. AMBEDKAR STATUTE, M.G. ROAD, PUNE-411001

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WP No.100261/2022 C/w W.P.No.104168/2022

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MR. RAJINDER PURI AGED ABOUT 63 YEARS, S/O. RAM PAL PURI R/O. NO.3 PANCH SHEEL ENCLAVE, DURGAPURA, JAIPUR-302018

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MR. VISHNU BHEDA AGED ABOUT 52 YEARS, S/O. SHAMSUNDAR BHEDA R/O. NO.9 RUCHAVARSHA APARTMENT P. NO.23, MAYUR COLONY, KOTHRUD, PUNE-411038

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MRS. SHYAMALA PRABHU AGED ABOUT 60 YEARS, W/O. RAMESH PRABHU R/O. NO.28, 6TH CROSS, 1ST MAIN, 1ST BLOCK, KORAMANGALA, BENGALURU-560034

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MS. APARNA BIDARKAR AGED ABOUT 49 YEARS, D/O. ARUN KUMAR BIDARKAR R/O. PLOT NO.143, ROAD NO.13, BANJARA HILLS, HYDERABAD-500034

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MR. PARESH KAPADE AGED ABOUT 48 YEARS, S/O. SUDHAKAR KAPADE R/O. P-203, METRO TOWER, NEAR VIJAYNAGAR CIRCLE, A.B. ROAD, INDORE-452010

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MR. RAHUL DALVI AGED ABOUT 49 YEARS, S/O. RAMESH DALVI R/O. 401, CORAL APARTMENT, B/11, AKOTA STADIUM, NEAR SNDT COLLEGE, AKOTA, VADODARA-390020

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WP No.100261/2022 C/w W.P.No.104168/2022

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MR. RAVINDRA ANCHURI AGED ABOUT 50 YEARS, S/O. ANCHURI PRABHAKAR R/O. PLOT NO.31 AND 32, GANGA ENCLAVE NEAR KONARK HOSPITAL JEEDIMETLA VILLAGE, SECUNDERABAD-560067

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…PETITIONERS

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(BY SHRI AJESHKUMAR S, ADVOCATE)

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AND:

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INSTITUTE OF INDIAN INTERIOR DESIGNERS (IIID) A REGISTERED SOCIETY UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960, REGISTERED OFFICE AT PLYWOOD COLONY, DANDELI-581325, UTTARA KANNADA, KARNATAKA, R/BY ITS NATIONAL EXECUTIVE COMMITTEE.

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MRS. JABEEN ZACHARIAS W/O. LALICHAN ZACHARIAS AGED ABOUT 58 YEARS, R/O. NO.49, KAKKAMTHOTTIL, JAYANAGAR, KANNADIKKADU, MARADU, ERNAKULAM, KERALA-682304.

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MR. JIGNESH MODI S/O. ISHWARLAL MODI AGED ABOUT 50 YEARS, R/O. NO.F-5, VIGNESHWAR ESTATE, BESIDE GANDHI SMRUTI BHAVANN NANPURA, SURAT, GUJARAT-395001.

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MR. MANISH KUMAT S/O. ANIL KUMAT AGED ABOUT 55 YEARS, R/O. 6-7-8, ANANDA, SHANTHI NIKETAN, BEHIND BOMBAY HOSPITAL, INDORE-452010.

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…RESPONDENTS

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(BY SHRI JAYAKUMAR S.PATIL, SENIOR COUNSEL FOR

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WP No.100261/2022 C/w W.P.No.104168/2022

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SHRI SHIR SANJAY S.KATAGERI, ADVOCATE FOR R1 TO 3; NOTICE TO R4-SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, OR ANY OTHER SUITABLE WRIT, DIRECTION OR ORDER TO QUASH/SET-ASIDE THE IMPUGNED ORDER DATED 23/12/2021 PASSED IN O.S.NO.34/2021 BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC COMPLEX AT HALIYAL, AND ETC.,

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IN WRIT PETITION NO.104168 OF 2022 (GM-CPC) BETWEEN:

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MRS. TANUJA B.K., AGED ABOUT 61 YEARS, WIFE OF MR.SANJAYKANVINDE, RESIDING AT KANVINDE RAI AND CHOWDHURY 14-F, MIDDLE CIRCLE, CONNAUGHT PLACE, NEW DELHI – 110 001.

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MR.SUBHASHCHANDRA AROLE AGED ABOUT 77 YEARS SON OF GOPAL RAO AT GOLDEN GRANITE PVT LTD 11, SHOPPING ARCADE AURORA TOWERS, OPP.DR.AMBEDKAR STATUTE M.G. ROAD, PUNE – 411 001.

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…PETITIONERS

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(BY SHRI SHIVARAJ S.BALLOLI AND SHRI HARISH KUMAR, ADVOCATES)

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AND:

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THE DISTRICT REGISTRAR OF SOCIETIES AND THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES UTTARA KANNADA, KARWAR, DIST:KARWAR.

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WP No.100261/2022 C/w W.P.No.104168/2022

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INSTITUTE OF INDIAN INTERIOR DESIGNERS (IIID) A REGISTERED SOCIETY UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 REGISTERED OFFICE AT: PLYWOOD COLONY, DANDELI -581 325, UTTARA KANNADA, KARNATAKA. R/BY ITS NATIONAL EXECUTIVE COMMITTEE.

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MRS. JABEEN ZACHARIAS WIFE OF LALICHAN ZACHARIAS AGED ABOUT 59 YEARS RESIDING AT NO.49, KAKKAMTHOTTIL, JAYANAGAR, KANNADIKKADU, MARADU, ERNAKULAM, KERALA- 682304.

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MR.JIGNESH MODI SON OF ISHWARLAL MODI AGED ABOUT 50 YEAR, RESIDING AT NO. F-5, VIGNESHWAR ESTATE, BESIDE GANDHI SMRUTI BHAVANN NANPURA, SURAT, GUJARAT – 395 001.

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MR.MANISH KUMAT SON OF ANIL KUMAT AGED ABOUT 55 YEARS, RESIDING AT 6-7-8, ANANDA, SHANTHI NIKETAN, BEHIND BOMBAY HOSPITAL, INDORE – 452 010.

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MR.UDAY KASHIKAR AGED ABOUT 55 YEARS, S/O NOT KNOWN EXECUTIVE SECRETARY OF INSTITUTE OF INDIAN INTERIOR DESIGNERS (IIID), ADMIN AND HEAD OFFICE NO.109, SUMER KENDRA, PANDURANGABUDHKAR MARG, WORLI, MUMBAI – 400 018.

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MR. RAJAN BAHRI AGED ABOUT MAJOR S/O NOT KNOWN MEMBER OF ELECTION CO-ORDINATOR COMMITTEE INSTITUTE OF INDIAN INTERIOR DESIGNERS (IIID) NO.109, SUMER KENDRA, PANDURANGABUDHKAR MARG, WORLI, MUMBAI – 400 018.

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WP No.100261/2022 C/w W.P.No.104168/2022

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MR. ARVIND MAMANIA AGED ABOUT MAJOR S/O NOT KNOWN MEMBER OF ELECTION CO-ORDINATOR COMMITTEE INSTITUTE OF INDIAN INTERIOR DESIGNERS (IIID) NO.109, SUMER KENDRA, PANDURANGA BUDHKAR MARG, WORLI, MUMBAI – 400 018.

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MR. RAMESH DASWANI AGED ABOUT MAJOR S/O NOT KNOWN MEMBER OF ELECTION CO-ORDINATOR COMMITTEE INSTITUTE OF INDIAN INTERIOR DESIGNERS (IIID) NO.109, SUMER KENDRA, PANDURANGA BUDHKAR MARG, WORLI, MUMBAI – 400 018.

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MR.BAKIR BALDIWALA AGED ABOUT MAJOR S/O NOT KNOWN MEMBER OF ELECTION CO-ORDINATOR COMMITTEE INSTITUTE OF INDIAN INTERIOR DESIGNERS (IIID) NO.109, SUMER KENDRA, PANDURANGA BUDHKAR MARG, WORLI, MUMBAI – 400 018.

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MR.ASHOK BHUTALA AGED ABOUT MAJOR S/O NOT KNOWN MEMBER OF ELECTION CO-ORDINATOR COMMITTEE INSTITUTE OF INDIAN INTERIOR DESIGNERS (IIID) NO.109, SUMER KENDRA, PANDURANGA BUDHKAR MARG, WORLI, MUMBAI – 400 018.

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO

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A. ISSUE A SUITABLE ORDER WRIT DECLARATION TO DECLARE THAT THE RESPONDENT NOS.7 TO 11 ELECTION COMMITTEE HAVE A ANNOUNCED THE ELECTION CALENDAR

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WP No.100261/2022 C/w W.P.No.104168/2022

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ON 14.02.2022 AS PER ANNEXURE-H (B) PREPARED THE NOMINATION FORM AS PER ANNEXURE-T (C) PREPARED THE ELECTORAL ROLL AS DISCLOSED IN THE COMMUNICATION AS PER ANNEXURE-AA (D) ISSUED THE BALLOT PAPER ON 26.09.2022 AS PER ANNEXURE-A C IN CONTRAVENTION OF THE MEMORANDUM AND ARTICLES OF THE CONSTITUTION OF THE RESPONDENT NO.1 SOCIETY APPROVED UNDER THE KARNATAKA REGISTRATION OF SOCIETIES ACT AND THE ORDER DATED 24.05.2022 PASSED IN W.P. NO. 100261/2022 AT ANNEXURE-R THE SAME IS AB-INTIO NULL VOID AND NONEST AND THEREFORE ALL PROCEEDINGS THEREOF BE SETASIDE AND FURTHER COMMENCE PROCEEDINGS AGAINST THEM AS PER ARTICLE 215 OF THE CONSTITUTION OF INDIA & ETC.,

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THESE WRIT PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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W.P.No.100261 of 2022 is filed challenging the

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issuance of emergent notice on I.A.Nos.1 to 4 and suit summons to the defendants and thereby refusing the prayer for grant of an exparte order of temporary injunction that was sought for in the said applications.

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The petitioners had instituted O.S.No.34/2021

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seeking for the following reliefs.

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“a) BY Declaring that the Notice dated 08.12.2021 issued by the Defendant No.2 and 3 being DOCUMENT NO.18 Series to the Plaint, purportedly on behalf of the Defendant No.1 Society, is null and void ab-initio and not

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WP No.100261/2022 C/w W.P.No.104168/2022

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binding on the Defendant No.1 Society or on the Plaintiffs, AND

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b) BY Declaring that as the term of the Defendant Nos.2, 3 and 4 as President, Secretary and Treasurer respectively of the Defendant No.1 Society had come to an end on 30.09.2021, therefore all and any action taken by the Defendant Nos. 2, 3 and 4 purportedly on behalf of or in the name of the Defendant No.1 Society is null and void ob initio and not binding on the Defendant No.1 Society. AND

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c) BY Granting a Mandatory Injunction to direct the Defendant No. 2 and 3 and 4 to reimburse the Defendant No.1 Society of all the expenses incurred by them from the funds of the Defendant No.1 Society in Writ Petition No. 100380/2021: W.P. 102340/2021: Writ Appeal No.100045/2021; W.A. No 100049/2021 and W.A. No.100170/2021 and all other expenses which have been spent by them without the approval of the National Executive Committee of the Defendant No.1 Society after rendering proper accounts to the satisfaction of the Hon'ble Court; AND

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d) BY a Permanent Injunction restraining the Defendant Nos.2 and 3 and 4 from acting on behalf of or representing the Defendant No.1 Society from 30.09.2021 as President or Secretary or Treasurer: AND

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e) BY a Mandatory Injunction to authorise the Plaintiff No.2 as President Elect to chair the National Executive Committee of the Defendant No.1 Society until the elections are held and the new National Executive Committee is installed; AND

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WP No.100261/2022 C/w W.P.No.104168/2022

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f) To grant costs and any other relief/s as this Hon’ble Court may deem fit to grant under the circumstances of the case, in the interest of justice and equity.”

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The Trial Court, by the impugned order,

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concluded that it was necessary to hear the defendants before any orders could be passed on I.A.Nos.1 to 4. This Court by an order dated 14.02.2022, ordered that there should be a deferment of the elections and also stayed the suspension of the petitioners’ membership until further orders.

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The said interim order was continued from time to time and ultimately by an order dated 24.05.2022, the Court came to the conclusion that the elections were required to be conducted in the association and accordingly directed the 2^nd respondent to nominate two past Presidents of the association of the society along with election coordinator already appointing in terms of the calendar of events which had been announced earlier. This Court directed that a new calendar of events should be issued by the election coordinators keeping in view that

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WP No.100261/2022 C/w W.P.No.104168/2022

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the provisions of bye-laws of the association and should proceed to conduct the elections. This Court also made it clear that the petitioners herein should be permitted to participate in the elections for voting and for contesting in the elections.

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By another order dated 26.09.2022, this Court, to protect the interest of the petitioners, ordered that the results of the elections of the National Executive Council would be subject to the outcome of the writ petitions.

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It is also not in dispute that pursuant to the said orders a new calendar of events was published and elections have also been conducted. Learned counsel for the petitioners, however, submits that the entire conduct of elections stood vitiated by virtue of the fact that the nomination papers of the petitioners were deliberately rejected by changing the format of the nomination papers solely to prevent the participation of petitioners and the petitioners have also preferred W.P.No.104168/2022 for a declaration that the announcement of the election calendar, preparation of the nomination form, preparation

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WP No.100261/2022 C/w W.P.No.104168/2022

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of the electoral roll, issuance of valid paper, wherein contravention of the memorandum and Articles of constitution of the society and were ab-initio , null and void. A declaration has also been sought for that the nomination papers of the petitioners could not have been rejected and the same was therefore null and void. It is stated that a prayer has also been made in the writ petition to direct the Registrar to call for a meeting, to prepare an electoral role, issue nomination forms and to conduct the elections.

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W.P.No.100261/2022 was basically directed

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against an order by which the Trial Court had refused to grant an exparte interim order in the suit filed by the petitioners. Since by a seems of the orders passed by this Court during the pendency of the writ petition, elections have been conducted, prayer in the writ petitions would not survive for consideration.

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Learned Senior counsel appearing for the

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society, however, submitted that the order of suspension

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WP No.100261/2022 C/w W.P.No.104168/2022

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that had been passed against the petitioners can continue

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to remain stayed as per this order.

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In view of the said submission, the suspension of the petitioners by the society shall continue to remain stayed till the disposal of the suit.

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W.P.No.100261/2022 is therefore disposed off directing the Trial Court to consider the applications which are pending before it for consideration, but it is made clear that the suspension of the petitioners by the Society shall remain stayed till the disposal of the suit.

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As far as W.P.No.104168/2022 is concerned, in

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view of the fact the society is not a State or an instrumentality of the State as contemplated under Article 12, it would be inappropriate to exercise the jurisdiction conferred under Article 226 of the Constitution of India and consider the prayers made therein.

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Reserving liberty to the petitioners to approach the appropriate forum for redressal of the grievances

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WP No.100261/2022 C/w W.P.No.104168/2022

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which have been made in the writ petition, writ petition

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No.104168/2022 is dismissed.

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sd JUDGE

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Mrs. Gayathri Shetty v. Institute of Indian Interior Designers (Iiid)

Case brief

What is this about?

What did the court decide?

Mrs. Gayathri Shetty v. Institute of Indian Interior Designers (Iiid)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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