BIDHU BHUSAN GHOSE Vs. BIMAL SAHA

JUDGEMENT

(1.) This interlocutory application originally came up before us for the stay of the operation of the order of the Court below dated January 27, 1982 in so far as the order directed the appointment of an auditor and gave various directions to him to act in accordance with the order.

(2.) In course of hearing of this application all the parties appearing before us agreed that the entire appeal may conveniently be heard and decided by Court along with the application. We decided accordingly and ordered that the appeal be treated as on the day's list and directed the appeal to appear in the list from the next day of hearing along with the application until the hearing would be over and also directed that the filing of the paper book would be dispensed with. AH papers of the Court below including the order appealed from and the order admitting the appeal were directed to be treated as papers and documents in the appeal. The notice of appeal was waived by the parties. The undertaking given by the appellants at the time of the admission of the appeal was to continue until the certified copies of the orders were filed. It was recorded that the parties consent that such certified copies would be filed immediately the same were obtained and non-filing thereof at this stage would not stand in the way of the Court's disposing of the appeal herein.

(3.) The matter arises out of an order passed in an application for the appointment of the receiver of the books of accounts, papers, documents, minute books, counter-foils of the receipt books for the year 1980-81, vouchers and all papers of the East Bengal Club lying at its tent or wherever those might lie with the respondents forthwith. There was another prayer in the said application for an injunction restraining the respondents or any of them from holding the Annual General Meeting pursuant to the purported notice published In the newspapers and scheduled to be held on January 28, 1982. There was a further prayer for the appointment of the receiver to get the accounts of the said Club for the year 1980-81 duly audited by a chartered accountant to be appointed by this Court and to submit a report and the audited account within the time to be fixed by the Court. There was also prayer that after the said report and audited account would be filed the receiver would convene the Annual General Meeting of the said Club for holding the same according to the rules of the said club. The meeting of the executive committee of the club was fixed to be held on January 21, 1982. On that very date the application was moved and after hearing the parties an ad interim order was made, inter alia, to the effect that no resolution if passed in the meeting of the executive committee would be given effect to till further orders. Directions were given for filing the affidavits. The executive committee held its meeting on that date and passed, approved the audited statement of accounts and the report thereon and also approved and ratified the various actions of the General Secretary. On the adjourned date the learned Judge after hearing the parties and after considering their respective affidavits made an order whereby be appointed Mr. Prasanta Mullick, partner of Price Water House-Peat & Co. to conduct an independent audit of the accounts of the East Bengal Club for the year ending 30th Sept., 1981 and directed the parties to make over to the auditor all necessary books, papers and records including vouchers and even empowered the said auditor to remove any such books papers and documents to his office, if necessary, for audit. In so far as the Annual General Meeting was concerned the learned Judge did not grant the prayer but had it recorded that in case such meeting would be held any resolutions passed relating to the passing of the accounts would be subject to the report of the auditor and also subject to the further orders of this Court. The matter was directed to appear in the list of the learned Judge after 8 weeks for further directions.