AI Structured Summary
Not yet generated for this judgment
Judgment
Ajay Mohan Goel, J
CMP No.4411 of 2021 & CMP No.4301 of 2020
1 .By way of application, i.e. CMP(M) No.4411 of 2021, filed under Order 22, Rule 10 read with Section 151 of the Code of Civil Procedure, a prayer has been made that as Shri Datta Ram, who had filed present writ petition in his capacity as the President of the Managing Committee of the petitioner-college, has died during the pendency of the writ petition, he be substituted by Shri Kishan Kumar Sharma, who now stands elected as the President of the said college and who has also been duly authorized to represent the same.
Along with the application, another application has been filed i.e. CMP No.4301 of 2020, wherein a request has been made that the petitioner be allowed to withdraw this petition, however, with liberty that if there is any subsisting clause, then the petitioner may approach the appropriate Forum/Court for redressal of its grievance.
Mr. Sanjeev Bhushan, learned Senior Counsel, appearing for the private respondent, has submitted that the application is not maintainable as Shri Datta Ram had approached the Court in his individual capacity and there is a dispute with regard to the appointment of Shri Kishan Kumar Sharma as President of the Society.
In my considered view, harmonious pleadings of the writ petition demonstrates that the petition though was filed in the name of Shri Datta Ram, but the same was instituted by him in his capacity as the President and authorised representative of the Managing Committee of the society concerned for the redressal of whose grievances the petition was filed.
Accordingly, these applications are disposed of by allowing both the applications and ordering the substitution of deceased Shri Datta Ram by Shri Kishan Kumar Sharma, in his capacity as the President of the petitioner-society and by further permitting the petitioner to withdraw the petition, with liberty, as prayed for, however, subject to all legal exceptions.
CWP No.9154 of 2014
Petition is dismissed as withdrawn, with liberty as granted hereinabove in CMP No.4301 of 2020. Pending miscellaneous applications, if any, also stands dismissed.