C.R. Nos.5039 & 5051of 2006 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.5039 of 2006 (O&M) Date of Decision: 07.07.2009 Shree Sanatan Dharam Education Society (Regd.) and another .......Petitioners Versus Vijay Aggarwal and others ....Respondents Present: Mr. Arun Palli, Sr. Advocate with Mr. Jai Bhagwan, Adv Mr. Sunil Garg, Advocate and Mr. Divanshu Jain, Advocate for the petitioners. Mr. Ashok Aggarwal, Sr. Advocate with Mr. Harkesh Manuja, Advocate for the respondents. 2. C.R. No.5051 of 2006 Rakesh Bansal .......Petitioner Versus Vijay Aggarwal and others ......Respondents Present: Mr. Arun Jain, Sr. Advocate with Mr. Chetan Slathia, Advocate for the petitioner. Mr. Ashok Aggarwal, Sr. Advocate with Mr. Harkesh Manuja, Advocate for respondents No.1 and 2. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? -.- K. KANNAN J.(ORAL) 1. The twin civil revisions relate to a dispute on the composition of the electoral college and the manner of conduct of election of office bearers to the society. Even without going into the C.R. Nos.5039 & 5051of 2006 (O&M) -2- merits to the respective contentions of the parties, the respective Senior Counsel appearing on behalf of the parties, on instructions from the respective parties who are present in Court, have agreed that the trial Court may be directed to take up the case for trial and dispose of the same after providing two effective dates of hearing for letting in evidence both documentary and oral to each side. They also agreed that persons who were not parties to suit but have felt aggrieved by the order of the lower Appellate Court and come in revision in C.R. No.5051 of 2006 shall also be permitted to be impleaded as parties to obtain an effective adjudication on all matters that pertain to the issues involved in the suit. It is further represented that the election has to be held before 17.09.2009 and if an adjudication is rendered before that date, the election shall be held as per the decision of the trial Court and all the parties shall abide by the decision for the conduct of election without applying for stay of execution of the decree. The right to prefer the appeal against the judgment itself shall not, in any way, be hampered. 2. Having regard to the suggestion emanating from the respective counsel, I direct the impleadment of the petitioner and 93 others, who claimed to have been made as members of the society, in C.R. No.5051 of 2006 shall be impleaded as defendants in suit. The plaint shall be amended before the trial Court suitably and without insisting for service of notices through Court. The newly impleaded parties shall file the written statement on or before 31.07.2009. Sh. Rajinder Goel, the then Secretary of the society, who is present in court assures that all the 93 members shall get themselves as served C.R. Nos.5039 & 5051of 2006 (O&M) -3- with notices of plaint and will file written statement as directed by this Court. The trial Court shall take up the case for disposal on all the issues and render judgment by date not later than 21.08.2009. This shall be in order that appropriate notices are sent to all parties and the election is held before 17.09.2009. The election shall be held under the supervision of the Deputy Commissioner, Panipat. The process of election and assumption of office by elected members shall be held as per the decision of the trial Court or the Appellate Court as the case may be without, in any way, being hampered by any interim orders. 3. The findings rendered or the observations made by the trial Court or the Appellate Court in the interlocutory application for injunction and which are made now subject of civil revision before this Court shall not operate to bind the parties or create any prejudice to the respective contentions of parties. The decision shall also be rendered by the trial Court on a full adjudication of all the matters that arise under the issues framed, uninfluenced by any observations made earlier at the stage of the trial Court or the Appellate Court or any observations that have been already made by this Court. 4. The civil revisions are accordingly disposed of. The parties shall appear on 16.07.2009 either in person or through counsel before the trial Court. (K. KANNAN) JUDGE July 07, 2009 Pankaj*