Calcutta High Court
Malvika Foundation And Ors vs Eiilm Foundation And Ors on 17 November, 2014
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
GA No.3392 of 2014
With
CS No.251 of 2013
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
MALVIKA FOUNDATION AND ORS
Versus
EIILM FOUNDATION AND ORS
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 17th November, 2014.
Appearance:
Mr. Tilak Basu, Sr. Adv.
Mr.Debjyoti Dutta, Adv.
Mrs. Vijaya Bhatia, Adv.
Mr. Ganesh Prasad Shaw, Adv.
Mr. Surajit Nath Mitra, Sr. Adv.
Mr. Chayan Gupta, Adv.
Mr. R.L. Mitra, Adv.
...respondent no.6
Mr. Nirmalya Dasgupta, Adv.
...respondent no.7 The Court : A three-member committee was appointed by an order dated 5th August, 2013 to run the institution. On an earlier occasion Mr. Rajiv Kumar one of the committee members appointed by this Court was discharged on the prayer of Mr. Surajit Nath Mitra, learned senior counsel, since Mr. Kumar has had expressed his difficulty to take up appointment. This time an application has been filed for discharge of Mr. R.P. Banerjee from the committee of management and to appoint Mr. Prem Raj Kharbanda instead and 2 place of Mr. R.P. Banerjee in the committee of management. The reason for replacement appears to be that Mr. R.P. Banerjee is keeping an infrequent health condition and inasmuch as he would undergo an operation soon.
In view thereof, there shall be an order in terms of prayer
(a) and (b).
Mr. Mitra submits that there are certain serious allegations against Mr. Banerjee in the capacity of a member of the three- member committee. It would be open for the plaintiffs to agitate such points at an appropriate time. Mr. Mitra does not admit that Mr. Kharbanda to be the Dean of admission of the institution.
Since no affidavit is called for, allegations made in the petition deem to have been not admitted.
The application stands disposed of.
(SOUMEN SEN, J.) B.Pal