S.P. GARG, J.

IA No.4331/2017 (u/O 39 R-1&2 CPC) in CS(OS) 162/2017

1. CS(OS) 162/2017 has been filed by Asad Mueed (hereinafter referred to as ‘plaintiff’) primarily against Hammad Ahmed (hereinafter referred to as ‘Second defendant’) and Hamid Ahmed (hereinafter referred to as ‘Third defendant’) for their removal from the position of trustees of Hamdard Laboratories (India) (hereinafter referred to as ‘HLI’).

2. Averments in the plaint are that Abdul Mueed, father of the plaintiff and the defendant No.4 being the eldest son of the founder was the first Chief Mutawalli of HLI; he assumed the office of Chief Mutawalli in 1974 and held it till his demise in March, 2015.

3. In 2006, the second defendant who was in-charge of the Marketing and Sales Department of HLI was ousted due to his involvement in various acts of defalcation of organizational monies. Various civil and criminal proceedings were initiated against him. In 1998, the second defendant as head of Marketing & Sales of HLI appointed Eden Enterprises Pvt. Ltd., a non-existent entity as distributor of HLI products. The said entity came into existence after the appointment of Eden Enterprises Pvt. Ltd. as distributor;