1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.470 OF 2008 IN SUIT NO.415 OF 2008 P. M. Rungta & Ors. ...Plaintiffs. Vs. Shree Krishna Hindu Merchants Club & Ors. ...Defendants. .... Mr. D.D. Madon, Senior Advocate with Mr. Cyrus Ardeshir i/b. M/s. Madekar & Co. for the Plaintiffs. Mr. Rohit Kapadia, Senior Advocate i/b. U.M. Chaudhari for Defendant No.4. Mr. Ravi Kadam, Advocate General with Mr. Kunal Cheema i/b. Kavita Brid for Defendant No.21. Mr. Pravin Samdani, Senior Advocate i/b. M/s. Humranwalla & Co. for Defendant No.2 and 3. Mr. Janak Dwarkadas, Senior Advocate with Mr.Sharan Jattiani i/b. M/s. K. Ashar & Co. for Defendant No.13. ..... CORAM :DR.D.Y.CHANDRACHUD, J. February 12, 2008. P.C.: Having heard Counsel appearing on behalf of the parties, the following interim order is passed with the consent of Learned Counsel: 2 1. The Annual General Meeting of the First Defendant will be held on 29th March 2008. At this meeting elections will be held for filling up the posts of 18 members of the Managing Committee as well as for one nominee of life members of the club. There will be no election for the nominee of patron members as there are no patron members of Defendant No.1; 2. The existing Managing Committee shall not take any further decisions; 3. For the purpose of supervising the meeting of the General Body which is to be held on 29th March 2008, the Hon'ble Mr.Justice M.S. Rane (Former Judge of this Hon' ble Court) is appointed to act as the Chairman of the meeting. Prior to holding of the meeting, the Defendants shall make available to Mr.Justice M.S. Rane (Former Judge of this Hon'ble Court): (i) List of members of the club; (ii) List of defaulter members; and (iii) Copies of Articles of Associations and 3 such further information as may be required by the Chairman of the meeting by 12.00 noon on 25th February 2008; 4. Mr.Justice M.S. Rane (Former Judge of this Hon'ble Court) is hereby appointed as the administrator of Defendant No.1 till such time as the next Managing Committee is elected. The administrator will not take any policy decisions; 5. The Plaintiff shall similarly be provided with (i) list of members, (ii) a list of defaulter members by 12.00 noon on 25th February 2008; 6. The remuneration of Mr. Justice M.S. Rane (Former Judge of this Hon'ble Court) shall be fixed at Rs.1,00,000/-, which will be paid by Defendant No.1; 7. Without prejudice to the rights of the parties and till holding of the Annual General Meeting the timings of the club will be from 4 10.30 a.m. to 11.30 p.m. on all days. The new managing committee will be entitled to refix the timings of the club; 8. This order will be without prejudice to the rights and contentions of the parties to the Notice of Motion as well as the Suit; 9. The Notice of Motion is disposed of in the aforesaid terms. However, liberty is reserved to adopt appropriate proceedings should it become necessary to do so in respect of the other reliefs that have been claimed in the Motion. .......