High CourtsSingle Bench(2021) 06 CAL CK 0007

Sk. Wasim Akram vs Ghulam Ashraf & Ors

Calcutta High Court · Decided on 9 June 2021

HON’BLE JUDGES
Sabyasachi Bhattacharyya, J
CASE NUMBER
Civil Suit No. 95 Of 2021

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Judgment

17 paragraphs · 330 words

Leave to make a paper publication as passed previously by a Co-ordinate Bench under Order I Rule 8 of the Code of Civil Procedure is extended for

a further fortnight from date.

The plaintiff/petitioner alleges that there have been serious irregularities on the financial and other fronts in the functioning of the respondent club,

constraining the plaintiff to file the present suit.

Learned Counsel appearing for the defendants/respondents controverts such allegations and further submits that the petitioner’s locus standi to

maintain the present proceeding is in question.

Be that as it may, since no pleadings have yet been filed on behalf of the defendants, it would be premature to come to any final conclusion regarding

the veracity of the allegations made in the plaint and the present application. However, in order to bring about transparency in the functioning of the

club, i.e. Mohammedan Sporting Club, the defendants/respondents are directed to file a composite affidavit-in-opposition to GA 1 of 2021, disclosing

the current membership list of the Mohammedan Sporting Club, the duly audited accounts of the said club from the financial year 2014-2015 till date

as well as the accounts maintained by the defendants in respect of the Mohammedan Sporting Club till filing of the affidavit-in-opposition. Such

affidavit-in-opposition shall be filed by the defendants/respondents within a fortnight from date. Reply, if any, to the affidavit in connection to GA 1 of

2021 shall be filed within five days thereafter.

It is made clear that all financial transactions as well as membership induction and/or expulsion made in the meantime in respect of the Mohammedan

Sporting Club by the defendants till disposal of GA 1 of 2021 or until further orders, whichever is earlier, shall be subject to the result of the suit.

GA 1 of 2021 shall next be enlisted along with CS 95 of 2021 on 30th June, 2021.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, subject to compliance with all requisite formalities.