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2002 Supreme(Bom) 276

F.I.REBELLO
R. N. Engineer & others – Appellant
Versus
Kaushik H. Desai & others – Respondent


JUDGMENT - REBELLO F.I., J.:---The petitioners along with respondent Nos. 3 and 4 are the opponents in application being Change Report No. 591 of 1999 pending before the learned Assistant Charity Commissioner, Greater Mumbai, Region Mumbai. Respondent No. 1 is the original applicant. There is a body known as Institution of Mechanical Engineers (India) Registered Society. The society is bound to hold its annual general body meeting in terms of memorandum, constitution and bye-laws. It is alleged that the respondent No. 1 had convened annual general body meeting on 30-8-1999 at Delhi. The registered office/head quarters of the Institute of the Mechanical Engineers (India) is situated at Mumbai.

The petitioners herein had filed a Suit No. 5260 of 1999 in Bombay City Civil Court at Mumbai to restrain respondent No. 1 from holding annual general body meeting on 30-8-1999. The Civil Court rejected the petitioners application and allowed the meeting to be convened. The appeal preferred against the said order before this Court being Appeal No. 1045 of 1999 was rejected. The meeting did take place on 30-8-1999. Based on the meeting held, a change report was filed to which petitioners herei














































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