- (1.) This first miscellaneous appeal is directed against an order being No. 2 dated 12th August, 2015 passed by the learned Trial Judge in Title Suit No. 1099 of 2015 at the instance of the defendant nos. 3 to 6/appellants.
(2.) The defendant no.1 is a Society. The defendant nos. 3 to 6 being the members and office bearers of the said Society, are managing the affairs of the said Society. When the said Society was going to organise two Melas (fairs); one at Rajasthan and another at Kolkata, the plaintiff claiming himself to be a member of the said Society filed a suit for declaration and injunction against the defendants as he became apprehensive of mismanagement and/or manipulation and/or misappropriation of fund which may be collected by those defendants while holding such Melas (fairs) at those two places. An application for interim injunction was filed by the plaintiff in the said suit.
(3.) Learned Trial Judge passed an ad interim order of injunction on 12th August, 2015 vide Order No. 2 whereby the defendant nos. 3 to 6 were restrained by the order of injunction from dealing with the income and day to day expenditures of the funds of the defendant nos. 1 and 2 Association without proper accounting and from taking any step which by any means be detrimental to the interest of the defendant nos. 1 and 2 till 11th September, 2015. The legality of the said order is impugned in this appeal. The said order has been subsequently extended by the learned Trial Judge and the same is still in force. After admitting this appeal, we, while considering an application for stay filed by the appellants in connection with this appeal, made some interim arrangements so that the entire collections of the defendant nos. 1 and 2 in those two Mela (fair) places, are properly accounted for. Special Officers were appointed by this Court.;