INDORE PRESS CLUB Vs. RAKESH DWIVEDI
LAWS(MPH)-2016-7-83
HIGH COURT OF MADHYA PRADESH
Decided on July 22,2016

Indore Press Club Appellant
VERSUS
RAKESH DWIVEDI Respondents




JUDGEMENT

Vandana Kasrekar,J. - (1.)With the consent of all the counsel for the parties, the petition is heard finally in motion hearing stage.
(2.)The petitioner has filed the present petition challenging the order dated 5.5.2016 (Annexure P/1) passed by the respondent No. 5/the Registrar, Firms & Society, D-Wing, Vindhyachal Bhawan, Bhopal thereby allowing the appeal preferred by respondent Nos. 1, 2 & 3.
(3.)The respondent Nos. 1 to 3 have filed a caveat and appeared on caveat. Notices were also issued to the respondents by this Court vide order dated 30.5.2016. In response to the notices issued by this Court the respondents have filed the reply and in the reply they have taken preliminary objections to this effect that the present petition is not maintainable as the petitioners have an alternative efficacious remedy of filing an appeal under Sec. 40 of Sub-section (1) Clause (a) of the Society Registrikaran Adhiniyam, 1973 (herein after referred to the Adhiniyam). They have further submitted that the petitioner has suppressed the fact about availability of the alternative remedy in paragraph 3 of their petition and therefore, the present petition deserves to be dismissed on the ground of suppression of material fact. They have further taken an objection that the present petition is filed on behalf of Indore Press Club, which is a registered Society represented through its General Secretary. However, a Registered Society is also represented through its Board of Directors and not by the General Secretary in his individual capacity. It has further been submitted no resolution has been filed by the petitioner/Society by which the General Secretary empowers to file the present petition. Counsel further submits that the petition is filed by an incompetent person and therefore, the same is not maintainable.


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