Dismissed

Bikaner Vyapar Udyog Mandal and Anr. v. Shiv Ratan Agrawal and Ors.

Rajasthan HC1 Jun 2018CMA/1411/2018

Case brief

AI extract

What is this about?

The appellate court dismissed an appeal against a single-judge trial court order mandating an election. The High Court held that the direction to both concerned parties was not prejudicial or illegal, thus rejecting the appellant's claim of exclusive election rights.

What did the court decide?

The appeal was dismissed, sustaining the trial court's order directing the conduct of elections.

Bikaner Vyapar Udyog Mandal and Anr. Vs Shiv Ratan… — Service and Employment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 1411 / 2018

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Bikaner Vyapar Udyog Mandal, Through Its Patron Body (Sanrakshak Parishad) President Shri Anantveer Jain S/o Shri Firoji Lal, by Caste Jain, Resident of Sardul Ganj, Bikaner.

¶4

Bikaner Vyapar Udyog Mandal, Through Its Patron Body (sanrakshak Parishad) Secretary Shri Champak Mal Surana S/o Shri Chanchal Mal, by Caste Surana, Resident of Industrial Area, Rani Bazar, Bikaner.

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----Appellants

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Versus

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Shiv Ratan Agrawal S/o Shri Mool Chand, By Caste Agrawal, Resident of Sadul Ganj, Bikaner.

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Kanhaiya Lal Bothra S/o Shri Tola Ram, By Caste Bothra, Resident of Bothra Chowk, Nai Lane, Gangashahar, Bikaner.

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Ghanshyam Lakhani S/o Shri Manak Lal, By Caste Lakhani, Resident of Mohta Chowk, Bikaner.

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The Manager, IDBI Bank, Modern Market, Bikaner.

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Kishan Gopal Purohit S/o Shri Ganga Baksh, By Caste Purohit, Resident of Kisan Road Courier, Gajner Road, Bikaner.

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Vishnu Puri, S/o Shri Ram Narayan, By Caste Puri, Resident of 1- B-22, Pawanpuri, Bikaner.

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Jaidev Sharma, S/o Shri Banshi Dhar, By Caste Sharma, Resident of Chotina Kuan, Bikaner.

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----Respondents

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_____________________________________________________ For Appellant(s) : Mr. Anantveer Jain (President of Bikaner Vyapar Udyog Mandal present in person)

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JUSTICE DINESH MEHTA

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Order

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01/06/2018

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The present appeal under Order XLIII Rule 1 (r) of the Code of Civil Procedure has been preferred against the order dated 10.04.2018 passed by the learned Additional District Judge No.4, Bikaner (hereinafter referred to as the ‘Trial Court’).

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(2 of 2)

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[CMA-1411/2018]

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Mr. Anantveer Jain – the President of the appellant laying challenge to order impugned dated 10.04.2018, contended that the learned court below while deciding the application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure has directed both the parties to conduct election of the Bikaner Vyapar Udyog Mandal, within a period of three months from the date of the order, whereas it is the exclusive right of the appellants being a patron body to conduct the election.

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He apprehended that the election in furtherance of the order dated 10.04.2018, will not be fair as the respondents would exert their influence.

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Having perused the order impugned and after hearing Mr. Jain, this Court does not find any illegality or infirmity in the order impugned. While passing the order impugned, the trial Court has directed “both the concerned parties” to hold election; as such the appellants’ apprehension is baseless.

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As a matter of fact, relief prayed by the appellants has been granted and the court below has directed to conduct elections. The order under consideration cannot be said to be prejudicial to the appellants in any manner.

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No interference in the order impugned is warranted. The appeal is therefore, dismissed.

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(DINESH MEHTA), J.

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Himanshu/- 3

Bikaner Vyapar Udyog Mandal and Anr. v. Shiv Ratan Agrawal and Ors.

Case brief

What is this about?

What did the court decide?

Bikaner Vyapar Udyog Mandal and Anr. v. Shiv Ratan Agrawal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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