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Showing contexts for: hamdard in Abdul Majeed & Anr. vs Hammad Ahmed & Ors. on 27 November, 2018Matching Fragments
1. The present interlocutory appeals are from a common order of a learned Single Judge, made in two suits. The first suit [CS(OS) 162/2017- hereafter "the first suit"] - filed by Asad Mueed (who and his brother Abdul Majeed are called the "Asad Mueed" group), is primarily against Hammad Ahmed and his son Hamid Ahmed (hereafter "Hammad" and "the Hammad group") seeking reliefs in effect, for the said Hammad group ought to be removed from the position of trustees of Hamdard Laboratories (hereafter "HLI" or "the trust"). The second suit - CS(OS) 211/2017 (hereinafter "the second suit") was filed by Hammad against the Aswad Mueed group The second suit seeks a declaration that Abdul Majeed was no longer Mutawalli of Hamdard Laboratories (India) (hereinafter "HLI") on the ground that he was in breach of obligations under the Trust Deed dated 28.08.1948 as amended from time to time. Permanent injunction was also sought to restrain Abdul Majeed from continuing as Mutawalli of the Trust.
8. Based on the above interim findings and observations, the learned single judge directed as follows, disposing of the temporary injunction application filed in the second suit, by Hammad:
"47. In view of observations above, the defendants No.l& 2 are directed to hand over, the. password of the domain name www.hamdard.com, www.hamdafd.in and www.hamdardindia.com and its e-mail server password to the plaintiff. They shall also disclose and handover the ERP (Enterprise Resource; Planning) Admin Control Password.
It is felt that the Board of Mutawallis should be constituted in the life of Wakif Mutawalli, which can be converted later into "Majlis-E-Ayan"
after Wakif Mutawalliceases to hold his office.
As per the Clause 8 of the Wakf Deed of Hamdard Dawakhana, "Majlis-e-Ayan" will be constituted in the event of Wakif Mutawalli ceasing to be the Mutawalli of Wakf for the general superintendence of the Wakf.
With this order, I hereby constitute the Board of Mutawallis for the Hamdard Dawakhana (Wakf) as under:
The meeting will be held initially fortnightly i.e. for about a year and subsequently the frequency will be reviewed.
The Board of Mutawallis will supervise, monitor and review the functions of Hamdard Dawakhana (Wakf). The Board of Mutawallis will finalise and approve the budgets, working plans, projects and major policies which are not of routine in nature.
The Board of Mutawallis will also review the reports, budgets and plans of the Aid Receiving institutions from Hamdard Dawakhana (Wakf).