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2002 Supreme(Bom) 621

R.M.S.KHANDEPARKAR
Institute of Mechanical Engineers (India) & others – Appellant
Versus
R. N. Engineer – Respondent


JUDGMENT - KHANDEPARKAR R.M.S., J.:---Admit. Heard forthwith, by consent.

2. The appellants challenge the order dated 6th April, 2002 passed by the City Civil Court, Mumbai dismissing the Notice of Motion No. 3573 of 2000 in Short Cause Suit No. 4945 of 2000. The notice of motion was sought to be taken out seeking relief of temporary injunction to restrain the respondent-defendant from holding out or acting as President of the Institution of Mechanical Engineers (India), a registered society under the Maharashtra Co-operative Societies Act, 1960 as well as a trust registered under the Bombay Public Trusts Act, 1950 (hereinafter called as "the institution") and further from conveying any meeting of the general body of the institution, as also from holding an extra ordinary general meeting which was proposed to be held on 26th August, 2000 or on any other day and lastly from addressing and/or issuing any correspondence or circular as the President of the Institution.

3. Pending the hearing and disposal of the Notice of Motion, the appellants had also prayed for ad interim relief. However, the trial Court by its order dated 24th August, 2000, had granted limited relief in the nature of























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