/2362/2022 of BHRAMAR KUMAR MAHANTA v. SRI P.K.CHOWDHURY, IAS (RETD) AND 4 ORS.
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Judgment date:
Case summary
Gauhati High Court judgment dated 2024-03-04. /2362/2022 of BHRAMAR KUMAR MAHANTA v. SRI P.K.CHOWDHURY, IAS (RETD) AND 4 ORS. Read the judgment and case...
Judgment text
Page No. # 1/8 GAHC010153542022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I. A. (Civil)/2362/2022 BHRAMAR KUMAR MAHANTA RESIDENT OF FLAT NO. 1A AND 1B, MENALKA APARTMENTS, R. G. BARUAH ROAD, GUWAHATI, DISTRICT KAMRUP(M), ASSAM, PIN 781024. VERSUS SRI P. K. CHOWDHURY, IAS (RETD) AND 4 ORS. PRESIDENT OF GUWAHATI GYMKHANA CLUB, GUWAHATI TEA AUCTION CENTRE BUILDING, DISPUR, GUWAHATI- 6 AND R/O- H NO. 38A, GITA NAGAR ZOO NARANGI ROAD, GUWAHATI- 24, DIST- KAMRUP (M), ASSAM. 2:MANTU BORA HONY JOINT SECY OF THE GUWAHATI GYMKHANA CLUB MANAGING COMMITTEE SITUATED AT GUWAHATI TEA AUCTION CENTRE BUILDING DISPUR GUWAHATI- 6 AND RESIDENT OF BASISTHA BELTOLA ROAD BELTOLA TINIALI GUWAHATI- 28 DIST- KAMRUP(M) ASSAM. 3:SRI SOURAV MAHANTA HONY TREASURER OF GUWAHATI GYMKHANA CLUB MANAGING COMMITTEE SITUATED AT GUWAHATI TEA AUCTION CENTRE BUILDING DISPUR GHY-6 AND RESIDENT OF BASISTHA BELTOLA ROAD Page No.
# 2/8 BELTOLA TINIALI GHY- 28 DIST- KAMRUP(M) ASSAM 4:PRASANTA KUMAR BARUAH S/O- SRI UMESH CHANDRA BORUAH H NO. 8 SURUJ MUKHI PATH R G BARUAH ROAD GUWAHATI- 5 DIST- KAMRUP(M) ASSAM PIN- 781008. 5:THE GUWAHATI GYMKHANA CLUB A SOCIETY REGISTERED UNDER SOCIETY REGISTRATION ACT 1860 HAVING ITS REGISTERED OFFICE AT GUWAHATI TEA AUCTION CENTRE BUILDING DISPUR GUWAHATI- 781006. REPRESENTED BY ITS HONY. SECRETARY SRI KAMAL CHANDRA DAS Linked Case : SHRI P. K CHOWDHARY IAS AND 2 ORS. VERSUS SRI PRASANTA KUMAR BARUAH AND ANR. A Linked Case : CRP(IO)/244/2019 P. K. CHOWDHURY AND 2 ORS. PRESIDENT OF GUWAHATI GYMKHANA CLUB GUWAHATI TEA AUCTION CENTRE BUILDING DISPUR GUWAHATI- 6 AND R/O- H NO. 38A GITA NAGAR ZOO NARANGI ROAD GUWAHATI- 24 DIST- KAMRUP (M) Page No.
# 3/8 ASSAM 2: MANTU BORA HONY JOINT SECY OF THE GUWAHATI GYMKHANA CLUB MANAGING COMMITTEE SITUATED AT GUWAHATI TEA AUCTION CENTRE BUILDING DISPUR GUWAHATI- 6 BASISTHA BELTOLA ROAD BELTOLA TINIALI GUWAHATI- 28 DIST- KAMRUP(M) ASSAM 3: SOURAV MAHANTA HONY TREASURER OF GUWAHATI GYMKHANA CLUB MANAGING COMMITTEE SITUATED AT GUWAHATI TEA AUCTION CENTRE BUILDING DISPUR GHY-6 BASISTHA BELTOLA ROAD BELTOLA TINIALI GHY- 28 DIST- KAMRUP(M) ASSAM VERSUS PRASANTA KUMAR BARUAH AND ANR. S/O- SRI UMESH CHANDRA BORUAH H NO. 8 SURUJ MUKHI PATH R G BARUAH ROAD GUWAHATI- 5 DIST- KAMRUP(M) ASSAM PIN- 781008 2:THE GUWAHATI GYMKHANA CLUB A SOCIETY REGISTERED UNDER SOCIETY REGISTRATION ACT 1860 HAVING ITS REGISTERED OFFICE AT GUWAHATI TEA AUCTION CENTRE BUILDING DISPUR GUWAHATI- 781006. REPRESENTED BY ITS HONY. SECRETARY SRI KAMAL CHANDRA DAS. Page No. # 4/8 Linked Case : I. A. (Civil)/2363/2022 BHRAMAR KUMAR MAHANTA RESIDENT OF FLAT NO. 1A AND 1B MENALKA APARTMENTS R. G.
BARUAH ROAD GUWAHATI DISTRICT KAMRUP(M) ASSAM PIN 781024. VERSUS SRI P. K. CHOWDHURY IAS (RETD) AND 4 ORS. PRESIDENT OF GUWAHATI GYMKHANA CLUB GUWAHATI TEA AUCTION CENTRE BUILDING DISPUR GUWAHATI- 6 AND R/O- H NO. 38A GITA NAGAR ZOO NARANGI ROAD GUWAHATI- 24 DIST- KAMRUP (M) ASSAM. 2:MANTU BORA HONY JOINT SECY OF THE GUWAHATI GYMKHANA CLUB MANAGING COMMITTEE SITUATED AT GUWAHATI TEA AUCTION CENTRE BUILDING DISPUR GUWAHATI- 6 AND RESIDENT OF BASISTHA BELTOLA ROAD BELTOLA TINIALI GUWAHATI- 28 DIST- KAMRUP(M) ASSAM. 3:SRI SOURAV MAHANTA HONY TREASURER OF GUWAHATI GYMKHANA CLUB MANAGING COMMITTEE SITUATED AT GUWAHATI TEA AUCTION CENTRE BUILDING DISPUR GHY-6 AND RESIDENT OF BASISTHA BELTOLA ROAD BELTOLA TINIALI GHY- 28 DIST- KAMRUP(M) ASSAM Page No. # 5/8 4:PRASANTA KUMAR BARUAH S/O- SRI UMESH CHANDRA BORUAH H NO. 8 SURUJ MUKHI PATH R G BARUAH ROAD GUWAHATI- 5 DIST- KAMRUP(M) ASSAM PIN- 781008.
5:THE GUWAHATI GYMKHANA CLUB A SOCIETY REGISTERED UNDER SOCIETY REGISTRATION ACT 1860 HAVING ITS REGISTERED OFFICE AT GUWAHATI TEA AUCTION CENTRE BUILDING DISPUR GUWAHATI- 781006. REPRESENTED BY ITS HONY. SECRETARY SRI KAMAL CHANDRA DAS. Linked Case : I. A. (Civil)/1706/2021 P. K CHOWDHARY IAS (RETD. ) AND 2 ORS. PRESIDENT GUWAHATI GYMKHANA CLUB SITUATED AT GUWAHATI TEA AUCTION CENTRE BUILDING DISPUR GHY-6 RESIDENT OF HOUSE NO. 28-A GITA NAGAR ZOO NARENGI ROAD GHY-24 DIST. - KAMRUP(M) ASSAM 2: MANTU BORA HONY. JOINT SECRETARY GUWAHATI GYMKHANA CLUB MANAGING COMMITTEE GUWAHATI TEA AUCTION CENTRE BUILDING DISPUR GHY-6 BELTOLA TINIALI GUWAHATI-28 DIST. - KAMRUP(M) ASSAM 3: SOURAV MAHANTA Page No. # 6/8 HONY. TEASURER GUWAHATI GYMKHANA CLUB MANAGING COMMITTEE GUWAHATI TEA AUCTION CENTRE BUILDING DISPUR GHY-6 RESIDENT OF BASISTHA BELTOLA ROAD BELTOLA TINIALI GUWAHATI-28 DIST. - KAMRUP(M) ASSAM VERSUS PRASANTA KUMAR BARUAH AND ANR. S/O. - SRI UMESH CH. BARUAH HOUSE NO. 8 SURAJMUKHI PATH R.
G. BARUAH ROAD GHY-05 PIN- 781008 DIST. - KAMRUP(M) ASSAM 2:THE GUWAHATI GYMKHANA CLUB A SOCIETY REGISTERED UNDER SOCIETIES REGISTRATION ACT 1860 HAVING ITS REGD. OFFICE AT GUWAHATI TEA AUCTION CENTRE BUILDING DIPSUR GHY-781006 REP. BY ITS HONY. SECRETARY SRI KAMAL CHANDRA DAS. For the Applicant (s) : Mr. B. D. Deka,, Advocate For the respondent (s) : Mr. A. Biswas, Advocate Mr. S. Dutta, Sr. Advocate Ms. K. Phukan, GA, Assam Mr. T. Deuri, Advocate Page No. # 7/8 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH 04. 03. 2024 The instant proceedings, i. e. CRP(IO) No. 244/2019 arises of an order dated 23. 05. 2019 passed by the learned Civil Judge No. 1, Kamrup at Guwahati in Title Suit No. 357/2015 whereby the learned Civil Judge No. 1, Kamrup at Guwahati, i. e. the learned Trial Court allowed the amendment to the plaint and further rejected the application filed under Section 151 of the CPC for dismissal of the suit.
Pursuant to the said order being passed and the instant proceedings being filed, an order was passed on 27. 08. 2019 whereby a consensus order was passed to the effect that the election of Guwahati Gymkhana Club which is a registered Society under the Societies Registration Act, 1860 would be held as per the Rules of the said Society. It is further seen that there are various applications filed thereupon insptie of the fact that CRP(IO)No. 244/2019 was disposed of vide the order dated 27. 08. 2019. It is also very interesting to take note of that on 11. 01. 2021, the Title Suit No. 357/2015 which was the basis on which the proceedings was initiated before this Court being CRP(IO) No. 244/2019 was disposed of as infructuous vide an order dated 11. 01. 2021. Therefore, taking into account that the entire edifice of the proceedings, i. e. Title Suit No. 357/2015 no longer being in existence, the various proceedings filed before this Court have become redundant. 2.
This Court further makes it clear that the orders other than the order dated 27. 08. 2019 thereafter had become redundant and as such any Committee constituted thereupon on the basis thereof has also become Page No. # 8/8 nugatory. 3. Considering the above, this Court dismisses all the applications filed before this Court as the same have become redundant. 4. Be that as it may, the dismissal of all the proceedings would not preclude the parties before this Court to file appropriate application for violation of the order dated 27. 08. 2019 as well as also taking steps before the Registrar of Firms or file a fresh suit, if so advised. JUDGE Comparing Assistant
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