JUDGEMENT
Hemant Gupta, J. -
(1.) Miscellaneous APPLICATION NOS. 883-884 OF 2019
The present applications are filed by the appellant-plaintif claiming the following reliefs:A) An order restraining the respondent Nos. 1 and 2 from interfering with the working and management of Hamdard Laboratories (India) and its allied institutions in any manner whatsoever;B) An order directing to respondent No. 1 to forthwith counter-sign all payment advices prepared by the Finance Department of Hamdard Laboratories India;C) An order permitting to applicant/appellant to release all payments under the payment advices prepared by the Finance Department of Hamdard Laboratories India in the event of the respondent No. 1 neglecting/refusing to counter-sign and returning the payment advices within a day from the date of receipt of the payment advices from the Finance Department of Hamdard Laboratories India.
(2.) The appellant has sought the above directions, inter alia, on the ground that respondent Nos. 1 and 2 are creating impediment in the working and management of Hamdard Laboratories (India) (for short 'Hamdard'). It is alleged that this Court in its judgment dated April 3, 2019 has upheld the appointment of appellant as Chief Mutawalli but still respondent No. 1 wrongfully and illegally continues to assert that both the respondent Nos. 1 and 2 are in joint management along with the appellant. The genesis of such claim is the direction of this Court in para 59 of the judgment dated April 3, 2019, which reads as under:
"59. Thus, in view of above the appeals are allowed. The order passed by learned Division Bench on 27.11.2018 is set aside and that of the order of learned Single Bench on 25.10.2017 is restored. The parties will additionally continue with the arrangements arrived at in respect of the management of the Hamdard in terms of the resolution dated 28.04.2015."
(3.) The appellant filed I.A. No. 5860 of 2017 before the Delhi High Court in Civil Suit (OS) No. 211 of 2017 claiming the following reliefs:
A) To release the salaries and other dues of all the Mutawallis of Hamdard (including Defendant No. 4) from September, 2016 till date.B) Direct all the banks as stated in para no. 2 of the application, to allow the plaintif to operate accounts maintained by Hamdard as sole signatory in his capacity as Chief Mutawalli.D) An order directing the defendants No. 1 and 2 to handover the password of the domain name www.hamdard.com, www.hamdard.in and www.hamdardindia.com and its e-mail server password to the plaintif.D) Direct defendants No. 1 and 2 to disclose and handover the ERP (Enterprise Resource Planning) Admin Control Password.;
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