Aparna Ashram Society & Anr. vs Mr.Mohan Jha & Ors. on 8 November, 2024
9. Now, before finally parting with this Order, I find it
necessary to clarify (a) that in view of the judgment of the
Hon'ble High Court of Delhi in Vishwa Ahimsa Sangh v
Panchsheel Marketing Pvt. Ltd. (2011) sec Online Del 2691
it is not within the jurisdiction of this Court to make any
deep inquiry into the inter-se dispute between the members
of the plaintiff; (b) that apart from the above-noted reasons,
the plaintiff deserves to be non-suited because the conduct of
all its agents/representatives (Sh. K.S. Pathania and Sh.
Murli Chaudhary) and proposed agent/representative (Sh.
Subhash Dutta) till date, falls within the four corners of
Section 41 (i) of the Specific Relief Act, 1963, which requires
this Court to look into the conduct of the agents of a plaintiff,
seeking reliefs of injunctions from this Court;10 and (c) that
Signature Not Verified
RFA 9/2022 Page 32 of 60
Digitally Signed By:PRAVEEN
KUMAR BABBAR
Signing Date:12.11.2024
18:37:54
I have refrained from imposing costs upon the plaintiff, only
because the actual wrongdoers in this suit are Sh. K.S.
Pathania and Sh. Murli Chaudhary, who for a good part of
the life of this suit were masquerading as representatives of
the plaintiff."