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2010 Supreme(Del) 1008

RAJIV SHAKDHER
Hazrat Maulana Arshad Madani – Appellant
Versus
Maulana Quari Mohammad Usman – Respondent


Advocates Appeared:
Mr. Kailash Vasudev, Sr. Advocate, Mr. Harish Malhotra, Sr. Advocate with Mr. Rakesh Kansal & Mr. S. Mehdi Imam, Advocates for the Plaintiffs.
Mr. Anoop G. Chaudhary, Sr. Advocate with Mr. Sunil Malhotra, Mr. Tayaib Khan & Mr. Abhishek Puri, Advocates for the Defendant No. 1.
Mr. Siddharth Yadav, Advocate for the Defendant No. 2.
Mohd Moonis Abbasi for the Counsel for Mr. Saud Ahmed Syed, Advocates for the Defendant Nos. 3.

Rajiv Shakdher, J.

1. This is an application filed by defendant No. 1 under Section 5 read with Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to in short as `the Arbitration Act'). The only relief that the defendant No. 1 has sought is as follows:-

"That this Hon'ble Court may be pleased not to intervene in the dispute and entertain the suit (C.S.(OS) No. 1970/2008) as it is beyond the jurisdiction of this Hon'ble Court..."

2. Briefly, the facts in so far as those, which are relevant for the purposes of disposal of this application, are as follows:

2.1 Plaintiff No. 1 alongwith plaintiff nos 2 to 18 claim to be the president and the members of the working committee of Jamiat Ulama-i-Hind (in short `JUH') respectively. It is to be noted that it is not disputed that JUH is an unregistered society. Plaintiff No. 1 has averred broadly in the plaint that after the death of Maulana Sayed Asad Madni R.A. in February, 2006, plaintiff No. 1 was elected to the post of the President of JUH.

2.2 The immediate predecessor of plaintiff No. 1, i.e., Maulana Sayed Asad Madni R.A. had continued as a president of JUH for a period of more than 32 years since August 1973 til

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