1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO.76 OF 2011 All India Cabin Crew Association (AICCA), a trade union registered under the Trade Unions Act, 1926 and others Plaintiffs versus National Aviation Company of India Limited (NACIL) and others Defendants Mr.J.P.Cama, Sr.Counsel with Mr.Anil Kumar for plaintiffs. Mr.S.K.Talsania, Sr.Counsel a/w Ms.Kavita Anchan i/by M.V.Kini & Co. for defendant no.1. Mr.M.D.Nagle for defendant nos.3 and 4. CORAM : S.J.KATHAWALLA, J. DATE : 13th January 2011 PC : 1. By consent of the parties following order is passed :- (a) The plaintiff shall not implement the resolution dated 5th January 2011 until fresh election is held as mentioned hereinafter; (b) The defendant no.4 shall not convene the extraordinary general body meeting of the plaintiff association pursuant to the notice dated 7th January 2011 issued by him; (c) The letter dated 7th January 2011 written by Mr.Bharatkumar Raut to Ms.Chitra Sarkar, ED-CS, IFSD, Air India Limited on the subject of formation of ad-hoc committee stands withdrawn; 2 (d) Mr.Vijay Vaidya, Advocate, is appointed as the Returning Officer to hold the election for the post of President of the plaintiff association between the period 15th February 2011 and 25th February 2011; (e) The Returning Officer shall issue notice pertaining to the election to the post of President of the plaintiff on or before 29th January 2011; (f) The result of the election to the post of President of the plaintiff association shall be declared by the Returning Officer on 30th March 2011; (g) The Returning Officer shall be paid Rs.30,000/- per day towards his fees. In addition, he will also be entitled to air fare for the purposes of travelling and lodging & boarding charges at actuals; (h) Pending the elections :- i) Mr.Kiran Pawaskar and Mr.Bharatkumar Raut shall not claim to be the President of the plaintiff association; ii) The Managing Committee of the plaintiff shall not call for any meeting to transact any business pertaining to the election of the President of plaintiff; iii) The Managing Committee of the plaintiff association is permitted to operate the bank accounts. However, they shall issue cheques only for payment of statutory dues and legal fees of counsel appearing in the matters in High Courts and the Apex Court. They shall not withdraw cash from the bank accounts exceeding Rs.5,000/- per day. The Managing Committee shall also maintain day to day accounts; iv) The plaintiff association shall be allowed to remove the 3 papers from the office which is sealed by the defendant no.1 on 18th January 2011 at 12.00 noon and not at any time thereafter until the election results are declared on 30th March 2011. The papers shall be removed by three individuals i.e. Mr.Sanjay Laar, Mr.Ashwin Ullalkar and Mr.Karl Driver and by other person. 2. In view of the above, Mr.Cama, learned Senior Advocate appearing for the plaintiff association seeks to withdraw the suit. The suit is accordingly disposed of as withdrawn. The Notice of Motion taken out in the suit also stands disposed of. Refund of court fees, if any, as per Rules. Learned advocate for the plaintiff undertakes to have the suit as well as the notice of motion numbered within one week from today. The undertaking is accepted. (S.J.KATHAWALLA, J.)