JYOTIRMAY BHATTACHARYA,J. - (1.) THIS Miscellaneous Appeal is directed against the judgment and order passed by the learned Judge, 7th Bench, City Civil Court at Calcutta on 3rd February, 2012 in Title Suit 2371 of 2011.
(2.) THE defendants, in a Suit for declaration and injunction filed by the plaintiffs/respondents, are the appellants before this Court. The plaintiffs and the defendants No.2 to 5 are all members of the defendant no.1 Association namely, M/s. Indian Welding Dealers Association (hereinafter referred to the said Association). The plaintiffs filed the said suit by raising an election dispute therein. They claimed that the election of the Executive Committee members of Indian Welding Dealers Association which was held on 18th December, 2011 was bad and illegal inasmuch as such election was held without following the election rules as provided in the ByeLaws and/or the Memorandum of Articles of the said Association. They, thus, prayed for setting aside of the said election. Permanent injunction was also sought for restraining the defendant no.4 and Executive Committee members of the Association from acting as President and members of the Association till the disposal of the suit. Certain other incidental reliefs have also been prayed for in the instant suit.
(3.) AFTER filing the said suit the plaintiffs filed an application for temporary injunction for restraining the respondent no.4 and Executive Committee of the defendant no.1 (Indian Welding Dealers Association) from acting as a President and Executive Committee member of the said Association till the disposal of the suit. Ad interim order of injunction has also been sought for in similar term.;