Page |1

IN THE COURT OF LEARNED MUNSIFF NO. 1,

KAMRUP (M), AT GUWAHATI
TITLE SUIT (T.S.) NO.____/2021
1. Sri Giriraj Kakarania
Aged about 46 years
Son of Sri Basudeo Kakarania
Resident of House no. 1, Sreenagar Road, Bye-
lane No.2,
Guwahati – 781006, In the District of Kamrup
(Metro)
Within the State of Assam

2. Shri Dipak Bengani,

Aged about 47 years,
Son of Late Madanlal Bengani
Resident of M B Complex,
Fatashil Main Raod, Guwahati-781009,
In the District of Kamrup (Metro)
Within the State of Assam
Mobile – 94350-18611
Email - beria.mohit@gmail.com.
……… PLAINTIFFS
—Versus—
 Page |2

1. North East Electric Merchants Association

(NEEMA)
Having its Office at – Bye lane- 3, Tarun Nagar,
G.S. Road, Guwahati -781005, District: Kamrup
(Metro), Assam.
Represented by its President namely Vijay
Kumar Agarwal

2. The Executive Committee

C/O- North East Electric Merchants

Association (NEEMA), Having its Office at –
Bye lane- 3, Tarun Nagar,
G.S. Road, Guwahati -781005, District: Kamrup
(Metro), Assam

3. Sri Vijay Kumar Agarwal

The President, North East Electric Merchants

Association (NEEMA), Address – C/o Eastern
Trade Agencies, Ram Mandir Lane, Lakhtokia,
A.T. Road, Near Police Reserve, Guwahati –
781001, Assam.
 Page |3

4. Sri Sourab Bothra

Executive Member, North East Electric

Merchants Association (NEEMA), Address – C/o
Shree Kamal Trading Co., Lower Ground Floor,
T.N. Tower, Near Vishal Mega Mart, A.T. Road,
Paltan Bazar, Guwahati – 781001, in the district
of Kamrup (M), Assam.

5. Sri Pannalal Nahata

Executive Member, North East Electric

Merchants Association (NEEMA), Address – C/o
V-Lites, Lower Ground Floor, T.N. Tower, Near
Vishal Mega Mart, A.T. Road, Paltan Bazar,
Guwahati – 781001, in the district of Kamrup
(M), Assam.

6. Sri Yogesh Agarwal

Executive Member, North East Electric

Merchants Association (NEEMA), Address – C/o
Vandana Electricals, Ram Mandir Lane,
Lakhtokia, A.T. Road, Near Police Reserve,
Guwahati – 781001, Assam.

7. Sri Vijay Singh Surana

 Page |4

Executive Member, North East Electric

Merchants Association (NEEMA), Address –
Having its Office at – Bye lane- 3, Tarun Nagar,
G.S. Road, Guwahati -781005, District: Kamrup
(Metro), Assam.

8. Sri Sourab Agarwal

Executive Member, North East Electric

Merchants Association (NEEMA), Address –
Having its Office at – Bye lane- 3, Tarun Nagar,
G.S. Road, Guwahati -781005, District: Kamrup
(Metro), Assam.

9. Sri Ashish Kocher

Executive Member, North East Electric

Merchants Association (NEEMA), Address –
Having its Office at – Bye lane- 3, Tarun Nagar,
G.S. Road, Guwahati -781005, District: Kamrup
(Metro), Assam

10. Sri Amit Agarwal

Executive Member, North East Electric
Merchants Association (NEEMA), Address – C/o
Eastern Electricals, Ram Mandir Lane,
 Page |5

Lakhtokia, A.T. Road, Near Police Reserve,

Guwahati – 781001, Assam.

11. Sri Pankaj Sarma

Executive Member, North East Electric
Merchants Association (NEEMA), Address –
Having its Office at – Bye lane- 3, Tarun Nagar,
G.S. Road, Guwahati -781005, District: Kamrup
(Metro), Assam

12. Sri Ajay Agarwal

Executive Member, North East Electric
Merchants Association (NEEMA), Address –
Having its Office at – Bye lane- 3, Tarun Nagar,
G.S. Road, Guwahati -781005, District: Kamrup
(Metro), Assam

13. Sri Ramesh Saraf

Executive Member, North East Electric
Merchants Association (NEEMA), Address –
Having its Office at – Bye lane- 3, Tarun Nagar,
G.S. Road, Guwahati -781005, District: Kamrup
(Metro), Assam
 Page |6

14. Sri Manish Singhi

Executive Member, North East Electric
Merchants Association (NEEMA), Address –
Having its Office at – Bye lane- 3, Tarun Nagar,
G.S. Road, Guwahati -781005, District: Kamrup
(Metro), Assam

15. Sri R.K. Pareek

Son of –Not Known
C/o Keshav Electricals, Yakub Plaza, 1st Floor,
S.J. Road, Athgaon, Near Durga Mandir,
Guwahati - 781001

16. Sri Ravi Mittal

Son of –Not Known
C/o Ganpati Electrical, 2 No. Gate, Al Haytt
Complex,, 1st Floor, Ram Mandir Lane,
Guwahati – 781001.

17. Sri Sandip Khatter

Son of –Not Known
C/O M/S Ambay Enterprises,
 Page |7

Tokobari, Near Kalimandir ,Guwahati -781001,

District: Kamrup (Metro), Assam

18. Sri Damodar Agarwal

Son of –Not Known
C/o Om Shiv Electricals, G.S. Road, Sixmile,
Guwahati - 781022

19. Sri Pramod Baid.

Son of –Not Known
C/o Baid Cable Corporation,
Purabi Complex, 1st Floor, A.T. Road,
Guwahati – 781001, Kamrup (M), Assam

……… DEFENDANTS

SUIT FOR DECLARATION AND

PERMANENT INJUNCTION

Suit is valued at Rs. 1,50,000/- (Rupees

One Lakh Fifty Thousand only) for the
purpose of jurisdiction and for the purpose of
court fee, fixed Court fee of Rs 22/- (Rupees
 Page |8

Twenty Two only) is paid thereon for the

decree of declaration. Injunction is valued at
Rs. 100/- and ad-valorem Court fee of Rs. 11/-
is paid thereon separately.

The humble plaintiffs, above named

MOST RESPECTFULLY SHEWETH:-

1. That the Plaintiffs are the law-abiding Citizens of India and

permanent resident of the aforementioned locality, and as
such they are entitled to all the rights, privileges and
protections guaranteed under the Constitution of India and
the Laws framed there under.

2. That the Plaintiffs beg to state that, Defendant No. 1 is an

electric merchants association formed to protect the
interest of the electric merchants of the North East Region
represented by its President viz., Sri Vijay Kumar Agarwal.
The Defendant No. 2 is the Executive Committee of
Defendant No. 1. The Defendant No. 3 is the President of
Defendant No. 1, Defendant No. 4 to 19 are the executive
members of the Defendant No. 1.
 Page |9

3. That the Plaintiffs beg to state that, some of the main

objective for which the Defendant No. 1 was formed are as
under: -

i. To promote help and encourage and protect the interest of

persons engaged in electrical trade in general and its
members in particular.

ii. To promote and cultivate feelings of fraternity, co-

operation, friendly relationship and mutual understanding
among the members of North East Electric Merchants
Association.
iii. To make the member familiar with the rules and
regulations, formalities and fundamental principles with
regard to the electrical business.

iv. To provide for its members a place of meeting and

discussion for the purpose of attending to the common
problems of electrical trade, in the region.

v. To propagate the knowledge of electrical and its services

and efficiency.
 P a g e | 10

vi. To organize / arrange / take Social Activities & Welfare of

Societies, conferences, exhibitions, lectures, excursions,
representations and other programs relating to the electric
trade.

4. That the Plaintiffs beg to state that, the Defendant No. 1

was formed on 06.05.2020 or attainment of common
benefits and facilities for the occupants as well as to
develpoe fraternity of brotherhood in trade and its
members and for elections of Executive Committee, Office
Bearers, for induction of new members in North East
Electric Merchants Association (be called as NEEMA
hereinafter) and to run and manage NEEMA, a
Memorandum and Articles of Association was prepared and
the said Memorandum and Articles of Association was
adopted and enacted in the first meeting of the NEEMA
held on 06th May, 2020. It was also resolved in the first
meeting to register the Defendant No. 1 with the registrar
of Societies under Societies Registration Act of 1860 for
giving the Defendant No. 1 status of legal entity.

5. That in the first meeting of the NEEMA held on 06.05.2020,

General Members as well as life members of NEEMA were
inducted in the organization and thereafter the office
 P a g e | 11

bearers and executive members of the Defendant No. 1

were also selected later on.

6. That vides Resolution dated 6 th May, 2020 of the

association approved by the general meeting following
persons were elected as office bearers and executive
members of the Defendant No.1. The persons and post are
as follows:

Serial Name of Person Designation

No.
1 Vijay Kumar Honorary President
Agarwal
2 Giriraj Kakarania Honorary Secretary
3 Dipak Bengani Honorary Treasurer
4 Ajay Kumar Executive Member
Agarwal
5 Yogesh Agarwal Executive Member
6 Amit Agarwal Executive Member
7 Babita Bengani Member

7. That there are some non-amendable clause of the

Memorandum and Articles of Association of the Defendant
 P a g e | 12

No. 1 and one of them being Clause 4, which provides

that Founder President, Founder Secretary & Founder
Treasurer, will always have VETO power for out ruling any
decision, till 31st March 2031. In case of any dispute
between three VETO it will remain with Founder President
& Founder Secretary, in case of dispute between two i.e.
Founder President & Founder Secretary, VETO remains
with Founder President.

8. That as per Clause 13 of the Memorandum and Articles of

Association of the Defendant No. 1, which is also non-
amendable clause, which provides for any Executive
Meeting information can be given before the date of
meeting by 3 days and General Meeting by 7 days.
However, as per Clause 14 urgent meeting may be called
on same day for specific purpose and not for day to day
activity within same day with 4 hours’ notice.

9. That as per Clause 29 of the Memorandum and Articles of

Association of the Defendant No. 1, it is specifically
mentioned that the names of the Founder President, as
named as Sri Vijay Kumar Agarwal, son of Late B L
Agarwal, Founder Secretary as Sri Giriraj Kakarania Son of
 P a g e | 13

Sri Basudeo Kakarania and Founder Treasurer as Sri Dipak

Bengani, son of Sri Madanlal Bengani.

10. That the above clauses mentioned in para 7 to 9 (of the

Memorandum and Articles of Association of the Defendant
No. 1) of this instant plaint are some of non-amendable
clauses of the Memorandum and Articles of Association,
which was adopted by the Defendant No.1 in its first
meeting held on 06.05.2020.

11. That under the heading “Rules and Regulations” of Article

of Association, as per Rule 4 there shall be three classes of
members i.e. Life Member, Member & Corporate Members.
As per Rule 4(a) LIFE MEMBER means the member who
pays an amount of Rs. 21,000/- at a time and after taking
admission by fulfilling necessary formalities, upto 31 st
March 2021, including GST and after 31 st March 2021, Rs.
31,000.00 plus GST,+Rs. 1100.00 Plus GST as Admission
fees or Taxes as applicable from the Government at the
time of seeking membership, of the Association will be
named as Life Members. The membership shall be valid till
the life span of Association.
12. That under the heading of Article of Association (Rules and
Regulations) as per Rule 13(i) all communications will be
 P a g e | 14

done through electronic method only, i.e., mail, and may

be amended time to time as detailed in Articles.

13. That under the heading of Article of Association (Rules and

Regulations) as per Rule 17(a) the quorum of a General
Meeting shall be 25% of the eligible members or 30 eligible
members present impassion (ought to be in persons),
whichever is less and as per Rule 17(b) the quorum of an
EC meeting shall be seven executive members including
office bearers.

14. That under the heading of Article of Association (Rules and

Regulations) as per Rule 18 (F) (a) the retiring President
and Secretary will be Ex-Officio members of the Executive
Committee i.e. President and Secretary of Session 1(of two
years) will be ex Officio of Session 2(of two years). If the
Session 2 President and Secretary repeats the session for
Session 3 (of two years) the President Secretary of Session
1 shall be Ex Officio of executive Committee and likewise,
with voting rights in meeting.

15. That although under the heading of Article of Association

(Rules and Regulations) as per Rule 13(i) it is stated that
all communications will be done through electronic method
 P a g e | 15

only, i.e., mail however, as per Rule 22 of Article of

Association (Rules and Regulations) the notice /
information / communication to the members will be sent
through email and / or whatsapp messenger and/ or text
messages or any other form of electronic means on data as
available with records and provided by the members. In
case any member data not available or not provided or his
systems is not updated enough to get the information, then
he may communicate with other Member friends to keep
himself updated and act accordingly.

16. That the Memorandum and Articles of Association of the

defendant No. 1 was adopted and enacted in the first
meeting dated 06.05.2020 of the Defendant No. 1 and the
said Memorandum and Articles of Association was given to
Bank (i.e. HDFC Bank Ltd., Paltan Bazar, Guwahati,
Account No. 50100328143422, IFSC – HDFC0004707),
wherein the bank account of the Defendant No. 1 has been
opened and the said Memorandum and Articles of
Association is still an authentic and binding document for
the purpose of operation of the said bank account. Later on
the said Memorandum and Articles of Association was also
given in the Office of the Registrar of Societies for
registration of the Defendant No. 1 under the Societies
 P a g e | 16

Registration Act of 1860 but till date the Defendant No.1

has not been registered under the Registrar of Societies,
Assam for some technical reasons. However, as on date
the said Memorandum and Articles of Association holds the
field for management and operation of the Defendant No. 1
and as such Your Honour may be pleased to call for original
of the Memorandum and Articles of Association from the
HDFC Bank Ltd, Paltan Bazar, Branch Code - 4707 at the
time of hearing.
A copy of the Memorandum and
Articles of Association is filed
herewith and marked as
DOCUMENT NO. 1

17. That the Plaintiff No. 1 and 2 are the Life Members of
Defendant No. 1 and also Founder Secretary and Founder
Treasurer respectively of the Defendant No. 1 as well as
they are also the Executive Members of the Defendant No.
2, which is the Executive Committee of Defendant No. 1.

18. That as per Rule 18 (C) of the Memorandum and Articles of

Association the Secretary shall be responsible for the
administration of the association. The office Secretary and
other staff of the association shall work as per his direction.
 P a g e | 17

The Secretary shall work in consultation and under the

direction of the President of the association. He shall keep
minutes of all meetings of the Executive Committee under
the guidance of the Executive Committee and shall perform
all such duties incidental to his office as and when required
for the benefits of the association. To keep members
posted about any major changes in Tax Laws as maybe
framed by the Government from time to time and as per
Rule 18 (E) the duties of the Treasurer & Joint Treasurer
are: i) to keep a proper record of all the funds and
properties of the association. ii) to collect all dues and
grant receipts and shall keep an account of the funds of
the association iii) to maintain accounts of the association
and prepare the annual accounts and get them duly
audited and obtain the approval of the EC before placing
the same at the AGM iv) to make payments for day to day
expenses of the association as sanctioned and passed by
the President or Secretary v) to issue all required Bills for
the purpose of Collecting Funds and payments for
Membership or Events or Activity as may be and vi) to
adhere to all Govt Rules and regulations of filling timely
returns of all departments which would be obligatory on
the part of the Association for all departments, like Sales
Tax, Income Tax, etc.
 P a g e | 18

19. That while serving as Secretary and Treasurer of Defendant

No. 1,the plaintiffs along with some other members of the
Defendant No. 1 had some disputes with the President viz.,
Shri Vijay Kumar Agarwal i.e. Defendant No. 3 of the said
organization because of his unethical working style and
dictatorial behaviour being the President and the plaintiffs
and other members, on several occasions requested the
Defendant No. 3 Shri Vijay Kumar Agarwal to change his
attitude but the Defendant No. 3 had always put deaf ears
to the request of the Plaintiffs and of other members. On
17th May, 2021 the Plaintiff No. 2 (Shri Dipak Bengani) had
a discussion with the Defendant No. 3 to form a new
session team of Defendant No. 1 and accordingly the
Plaintiff No. 2 had sent a text message on 17 th May, 2021
itself at about 5:17 p.m. in the Whatspp group of NEEMA
regarding the said discussion and also requested the
Plaintiff No. 1 (Shri Giriraj Kakarania) being the Secretary
of Defendant No. 1 to call for an Executive Meeting.
However, on the same day itself, the Defendant No. 3, Shri
Vijay Kumar Agarwal at about 7:53 p.m. sent a text
message in the aforesaid whatsapp group of Defendant No.
1 saying inter-alia that his decision is that no reshuffling
will be done. After that many conversation took place
 P a g e | 19

between the Plaintiffs and other members and Defendants

in the whatsapp group of the Defendant No. 1, which is self
explanatory.
A copy of the conversation that
happened between the plaintiffs,
defendants and other members in
the whatsapp group of Defendant
No. 1 is filed herewith and marked
as DOCUMENT NO. 2 colly.

20. That when the Defendant No. 3 along with his associates
tried to malign the reputation of the Plaintiffs in the
whatsapp group of the Defendant No.1, the plaintiffs along
with few other members have expressed their opinion by
writing text message in the said whatsapp group
expressing their desire to resign from their respective
posts. On 19.05.2021 at about 1:48 p.m., the Plaintiff No.
2 viz., Dipak Bengani had sent a text message in the
whatsapp group of Defendant No.1 addressed to the
Defendant No. 3 and the Executive Members of Defendant
No. 1 that he resigned from the post of treasurer as the
Defendant No. 3 has shown distrust on his loyalty for
Defendant No. 1. Similarly, on 19.05.2021 at about 2:34
p.m. the plaintiff no. 1 viz., Giriraj Kakarania, being faced
 P a g e | 20

with same humiliation, also had sent a text message in the

whatsapp group of Defendant No. 1 and expressed his
desire to resign from post of Secretary of Defendant No. 1.
Copy of the test messages sent in
whatspp group of Defendant No.1
by plaintiff No. 2 and Plaintiff No. 1
are filed herewith and marked as
DOCUMENT No. 2 & 3
respectively.

21. That similarly the Joint Treasurer viz, Sri Rajiv Didwania
and one executive member viz., Sri Anuj Joshi being
frustrated with the infighting and dictatorial behavior of
Defendant No. 3, also sent whatsapp messages in the
whatsapp group of Defendant No. 1 expressing their desire
to resign from Defendant No. 1.

22. That to the utter surprise and shock of the plaintiffs, within
a time span of 2 ½ to 3 hours approx., the Defendant No.
3 on 19.05.2021 itself at about 5:10 p.m. had sent a text
message in the whatsapp group of Defendant No.1 stating
inter-alia that “After having a discussion with the executive
committee, I am accepting all 4 resignations- Anuj Joshi,
Giriraj Kakarania, Dipak Bengani, Rajiv Didwania”. It is
 P a g e | 21

pertinent to mention herein that the said text message was

sent in the whatspp group of Defendant No. 1 by the
Defendant No. 3 within 2 ½ to 3 hours approximately
when the plaintiff no. 2 expressed his desire to resign from
his post.
Copy of the text message sent by
the Defendant No. 2 in the
whatsapp group of Defendant No. 1
is filed herewith and marked as
DOCUMENT No. 4.

23. That as stated earlier in paragraph 8 of the instant plaint

that as per Clause 13, which is also non-amendable clause
of the Memorandum and Articles of Association of
Defendant No. 1, for any Executive Meeting information
can be given before the date of meeting by 3 days and
General Meeting by 7 days and, as per Clause 14, an
urgent meeting may be called on same day for specific
purpose and not for day to day activity within same day
with 4 hours’ notice. But the Defendant No. 3 as per his
text message in the whatspp group of Defendant No. 1 has
allegedly accepted the resignation of the plaintiffs along
with two other members within 2 ½ to 3 hours
approximately, when the plaintiff no. 2 expressed his desire
 P a g e | 22

to resign from his post and within such short duration the
Defendant No. 3 has even shown to call for the Executive
Committee Meeting and discussion about the said
resignations, which is in common parlance and practically is
not possible at all and as such the action of the Defendant
No. 3 in allegedly accepting the resignation of all the four
members within 2 ½ to 3 hours when the plaintiff no. 2
expressed his desire to resign from his post is illegal, void
and furthermore against the Clause 14 which is non-
amendable Clause and also against the spirit of the
Memorandum and Articles of Association of the Defendant
No. 1.

24. That it is submitted respectfully that at least for an urgent

meeting, a 4 hours prior Notice is mandatory but in the
instant case, not to speak about 4 hours prior notice, the
entire drama of convening the meeting, discussion and
acceptance of the resignations have been completed within
2 ½ hrs to 3 hours, which speaks volume about the
arbitrary, illegal and malafide actions on the part of the
defendant No. 3, which also simply implies that the
defendant No. 3 had committed grave violation of the
mandatory provisions of the Memorandum and Article of
Association of Defendant No. 1 and consequently any
 P a g e | 23

alleged acceptance of the resignations of the plaintiffs by

the Defendant No .3 is illegal, unconstitutional, void and
not binding upon the plaintiffs and the plaintiffs are still the
Secretary and Treasurer of the Defendant No. 1 apart from
being the Executive members of the defendant No. 2

25. That it is pertinent to mention herein that, in fact no

executive meeting was held on 19.05.2021 which is evident
from the fact that no notice calling for the Executive
Meeting was circulated/sent and served to any executive
members, which includes the plaintiffs also and further no
business of accepting the expression of resignation of the
Plaintiffs was transacted on the aforesaid date i.e.
19.05.2021 as because no meeting was held on that day.

26. That it is respectfully submitted that, for any meeting of

the Executive Committee which are urgent in nature, it
requires 4 hours’ prior notice to all the executive committee
members and only thereafter, the executive committee
meeting can be held. But in the instant case all these
norms of the Memorandum and Articles of Association of
the Defendant No. 1 have been flouted by the Defendant
No. 3 and in a dictatorial and arbitrarily manner, the
Defendant No. 3 assumed in himself the executive powers
 P a g e | 24

and by the language of the text message dated 19.05.2021

which was sent by Defendant No. 3 wherein he wrote that
amongst others, that “I accept the Resignation” means that
without calling for the Executive Committee Meeting the
Defendant No. 3 accepted the intention to resign by the
plaintiffs and others wherein the plaintiffs are also veto
power holders of the said organization and thus the
Defendant No. 3 had acted in a vindictive manner and
shown such a haste to accept the expression of
resignations of plaintiffs, which is clear violation of the
Memorandum and Articles of Association of the Defendant
No. 1. Any acceptance of resignation of Office Bearers can
be done through Executive Committee and by duly calling,
convening the meeting with duly issuing, circulating and
serving the notices to the Executive Members including the
Plaintiffs being the Executive Members of Defendant No. 2
and the Defendant No. 3 has no power to perform any act
by himself. Thus the action of the Defendant No. 3 in
accepting the expression of resignations of plaintiffs and
others members is in clear violation of the Memorandum
and Articles of Association of the Defendant No. 1 and also
vindictive and dictatorial in nature. The acceptance of
resignation is unconstitutional, illegal, and arbitrary and is
not tenable in law.
 P a g e | 25

27. That any Office bearer or Executive Members may resign

from their respective post but prior to acceptance of their
resignation, those office bearer and executive members are
the members of the Executive Committee and it is
mandatory on the part of the Defendant No. 3 to give
mandatory notices to all the executive members including
the office bearers and members, who desires to resign.
Only on acceptance of resignation by the Executive
Committee in a duly convened meeting, they cease to be in
their respective post. But in the instant case no such formal
notice of urgent meeting was issued/circulated or served to
the Executive Members and Office Bearers including the
Plaintiffs and other members, who expressed their desire to
resign. As such, the acceptance of resignation by the
Defendant No. 3 is illegal and unconstitutional and voids
ab-initio and not binding upon the plaintiffs.

28. That the Plaintiff No. 1 & 2 are Founder Secretary and
Founder Treasurer respectively of Defendant No. 1. The
plaintiffs continue to be the member of Executive
Committee being the Executive Members and under such
situation also mandatory notices are required to be served
upon the plaintiffs, which in the instant case, have not
been done by the Defendant No. 3 in any manner.
 P a g e | 26

29. That on 22nd May, 2021, the Plaintiffs received a letter from
the Defendant No. 1 respectively wherein it was stated that
an extra ordinary executive meeting was held on
19.05.2021 and it has accepted the resignation of the
Plaintiffs and it was conveyed to the Plaintiffs vide the
afore-said letter dated 22.05.2021 to handover documents
and belongings of Defendant No. 1. As stated earlier till
date, the plaintiffs are the executive members and the
plaintiff did not receive any notice regarding the meeting
held on 19.05.2021 and therefore, the so called acceptance
of resignation is illegal and has no legs to stand.
Copy of the Letter dated 22.05.2021
are filed herewith and marked as
DOCUMENT No. 5 (Colly).

30. That thereafter, the Defendant No. 3 on several occasions

had sent mail to the plaintiffs demanding to handover
books of account of Defendant No. 1 and other belongs of
NEEMA and the plaintiffs have also replied to the
Defendant No. 3 regarding the same subject matter.
Copy of the mails exchanged
between the Plaintiffs and
Defendant No. 2 are filed herewith
 P a g e | 27

and marked as DOCUMENT NO. 6

colly.

31. That the Defendant No. 3 was so desperate and whimsical

in nature that he along with few other defendants, who are
the executive members of Defendant No. 1 have lodged an
First Information Report on 27.06.2021 before the Officer-
In-Charge of the Bhangagarh Police Station alleging inter-
alia that, Plaintiff No. 2 and Plaintiff No. 1 who were the
Treasurer and Secretary of NEEMA respectively have
submitted resignation due to some dispute and their
resignations were accepted by the Executive Committee of
NEEMA and the same was conveyed to them vide letter
dated 22.05.2021 and they were asked vide the same letter
to handover accounts, cheque book, membership details
and other belongings of NEEMA, which were in their
custody. Prior to letter dated 22.05.2021 the plaintiffs also
through whatsapp and verbally were asked to handover
those documents but they were avoiding to submit all
accounts, cheque book, membership details etcetera of the
said organization. They have suspicion that plaintiffs either
tried to manipulate the accounts or misappropriate the said
account or money for their personal use.On the basis of the
said FIR, the Officer-in-Charge of Bhangagarh Police
 P a g e | 28

Station who on receipt of the same has registered

Bhangagarh Police Station Case No. 349/2021 under
section 420/406 of the Indian Penal Code, 1860.
Copy of the FIR dated
27.06.2021 is filed herewith
and marked as DOCUMENT
NO. 7.

32. That all the allegations leveled against the Plaintiffs in the
aforesaid FIR are false and fabricated, which is evident
from the fact that on 11.06.2021 the Plaintiff No. 2 had
reported before the Officer-In-Charge of the Fatasil Police
Station that while he was travelling from Cycle factory,
Guwahati to his residence he stopped in the midway to
purchase some household goods and at that point of time
in his car he had packet which got lost. The said packet
contained documents viz Cheque Book (HDFC BANK, Paltan
Bazar Branch, Account No. 50100328143422, IFSC –
HDFC0004707), bill copies print, membership of NEEMA,
Pen Drive (containing information regarding accounts of
NEEMA) and miscellaneous documents. The said fact was
also made known to the defendants verbally as well
through mails as well.
 P a g e | 29

Copy of the FIR dated 11.06.2021 is

filed herewith and marked as
DOCUMENT NO. 8.

33. That, the aforesaid fact was also published in several

widely circulated News Dailies on 15.06.2021 and the
Defendant No. 3 along with few others were also duly
informed by the Plaintiff No. 2 through email dated
12.06.2021 and as such the defendants had knowledge
about the same but just to harass and malign the
reputation of the Plaintiffs in the Society the Defendants
had lodge a false and fabricated and misleading FIR
against the Plaintiffs.
Copy of the newspaper publication
and email dated 12.06.2021 are
filed herewith and marked as
DOCUMENT NO. 9 colly.

34. That out of the 8 informants, who had lodged the FIR
against the Plaintiffs, four of them are blood related, one is
brother, another son and nephew of Mr. Vijay Agarwal i.e
Defendant No. 3 and they along with others made
conspiracy to malign the reputation of the Plaintiffs in the
trading market. It is pertinent to mention herein that the
 P a g e | 30

Plaintiffs are reputed electrical goods trader of Guwahati

and having high reputations, and prestige in the business
community and in the eyes of similarly situated persons,
but the defendant No. 3 to cause wrongful loss to the
Plaintiffs, Mr. Vijay Agarwal in conspiracy and collusion with
others have lodged a false and fabricated FIR against the
Plaintiffs to ensnare them in false cases because the
plaintiffs were the ones who raised their voice against the
wrong doings of Mr. Vijay Agarwal i.e Defendant No. 3 and
as stated earlier Mr. Vijay Agarwal to satisfy his personal
vengeance, ego and to gain sole control over the
organization, had made a conspiracy along with his
brother, son, nephew and few others to harass and destroy
the hard-earned reputation and prestige of the Plaintiffs in
the Society.

35. That thereafter, the Plaintiffs have preferred an

anticipatory bail application before the Additional District
Judge No. 5 and the Hon’ble Additional District Judge was
pleased to grant the plaintiffs pre-arrest bail which was
made absolute.

36. That said facts are brought before this Hon’ble Court
because Defendant No. 3 is a shrewd, opportunist and
 P a g e | 31

whimsical person and just to get sole control, and a having

inimical nature, personal vendetta, he in conspiracy with
others and to teach lesson to the Plaintiffs to satisfy his
personal vengeance and ego had accepted the expression
of resignation of Plaintiffs and also to get out and out
control of the Defendant No. 1 and further the Defendant
No. 3 had left no stone unturned to harass, humiliate and
denigrate the Plaintiffs and the plaintiffs fear that
Defendant No. 3 along with other defendants may go to
any extent to further harass and humiliate and ensnare the
plaintiffs in false and frivolous cases and to demean the
plaintiffs in the Society.

37. That it may be mentioned herein that as per the

Memorandum and Articles of Association of the Defendant
No. 1, notice to the members of the Executive Committee
is mandatory for convening any urgent meeting of the
Executive Committee, which has not been done in the
instant case, which is evident from the whatsapp messages
of the Defendant No. 3 on 19.05.2021. So there is no
question of acceptance of resignation of the Plaintiffs by
the Executive Committee of the Defendant No. 1. As per
the Memorandum and Articles of Association of the
 P a g e | 32

Defendant No. 1 the Plaintiffs are still the Secretary and

Treasurer respectively of the Defendant No. 1.

38. That it may be submitted herein that after unconstitutional

alleged meeting dated 19.05.2021, it has been learnt that
the Defendant No. 4 & 5 have been allegedly shown to be
made the Secretary and Treasurer respectively of
Defendant No. 1 replacing the Plaintiffs, which is
unconstitutional and illegal. In fact no such meeting was
held on 19.05.2021 as per the Memorandum and Articles of
Association of the Defendant No. 1 and everything was
done by the Defendant No. 3 arbitrarily and without
following due process of law. Moreover, appointment of
Defendant No. 4 & 5 to the post of Secretary and treasurer
respectively of Defendant No. 1 is unconstitutional because
the Plaintiffs are still the Secretary and Treasurer
respectively of Defendant No. 1 having veto powers as per
the Memorandum and Articles of Association of the
Defendant No. 1 and without consent and notice of
plaintiffs the Defendant No. 2 & 3 cannot take such
decision and same amounts to sheer violation of the
principles of the Memorandum and Articles of Association
of the Defendant No. 1.
 P a g e | 33

39. That it may be mentioned herein that the Defendant No. 1

was formed to cater the needs of the electric merchants’ of
North-East region of India and for the well being and to
provide unhindered business environment. The members of
Defendant No. 1 along with the Plaintiffs contributed
generously to the funds of the Defendant No. 1 so that the
Defendant No. 1 can run smoothly. The Defendant No. 3
being the President of Defendant No. 1 illegally shown to
removed the plaintiffs from their respective post of
Defendant No. 1 so as to misappropriate and mis-utilized
the funds of Defendant No.1. With this intention also the
Defendant No. 3 behaved in a dictatorial and arbitrary
manner because if the Defendant No. 3 is able to remove
the Founder Secretary and Founder Treasurer who have
veto powers, he will have enormous power to deal all
aspects of the Defendant No.1 including its funds without
any check from any corner. That is the sole reason why the
Defendant No. 3 has shown such haste in accepting the
expression of resignation of the plaintiffs without following
the Memorandum and Articles of Association of the
Defendant No. 1.

40. That under the aforesaid facts and circumstances the

Plaintiffs pray for permanent injunction restraining the
 P a g e | 34

Defendant No. 4 & 5 from acting as Secretary and

Treasurer respectively of Defendant No. 1 in any manner;
and further the Defendant No. 2 to 5 may be restrained
from using and utilizing the funds of Defendant No. 1 in
any manner and also restraining them from opening and
operating of any independent bank account in any
bank/financial institution etc. in the name of the Defendant
No. 1 in any manner.

41. That the Defendant No. 15 to 19 was inducted as the

Executive Member of the Defendant No. 1 without
convening meeting as required as per the Constitution of
Defendant No. 1. The Defendant No. 3 did not issue and
served any notice of such induction and meeting to the
plaintiffs who are also Executive Member of the Defendant
No. 1 and as such the induction of the Defendant No. 15 to
19 is illegal, arbitrary and the Defendant No. 15 to 19 are
not the members of Executive Committee of Defendant No.
1 as per the Constitution of the Defendant No. 1 and their
appointment may be declared void, arbitrary.

42. That the Defendant No. 1 is not a registered society and as

such a suit cannot be instituted directly against the
Defendant No. 1 and office bearers of defendant No. 1 and
 P a g e | 35

the facts of the case leading to the institution of the suit is

connected with the interest of all members of Defendant
No. 1, more particularly the businessman dealing with
electrical business in the North-East India and their
interest is common to the interest of the plaintiffs and
therefore it is not possible to implead each and every
interested person in this suit. As such the plaintiffs may be
allowed to institute the suit on behalf of all the members of
the association because the interest of the Plaintiffs is also
the interest of the members of the Defendant No. 1. Under
such circumstances the plaintiffs may be allowed to
institute the suit in a representative character under Order
I Rule 8 of the Code of Civil Procedure, 1908, for the
interest of justice.

43. That the cause of the suit arose on

________________________________________________
________ and on each day subsequently thereafter with
the territorial jurisdiction of this Hon’ble Court.

44. That Suit is valued at Rs. 1,50,000/- (Rupees One Lakh

Fifty Thousand only) for the purpose of jurisdiction and
for the purpose of court fee, fixed Court fee of Rs 22/-
 P a g e | 36

(Rupees Twenty Two only) is paid thereon for the decree

of declaration. Injunction is valued at Rs. 100/- and ad-
valorem Court fee of Rs. 11/- is paid thereon separately.

45. That the Plaintiffs crave the leave of this Hon’ble Court to
submit any other relevant document(s) and to rely on any
other grounds during the course of the proceedings of this
case.

46. That this petition is made bona fide and for the interest of
justice.
It is, therefore, prayed that your
Honour would be graciously pleased
to pass a decree of:

i. Declaration that the alleged meeting

dated 19.05.2021 of the Defendant
No. 2 is illegal, unconstitutional,
void ab-initio and same is not
binding upon the plaintiffs.

ii. Declaration that the Plaintiff No. 1 &

2 are still the Secretary and
Treasurer respectively of the
 P a g e | 37

Defendant No. 1 and the

acceptance of resignation by the
Defendant No. 2 & 3 is
unconstitutional, illegal and not
binding upon the Plaintiffs and other
members of Defendant No. 1.

iii. Declaration that the appointment of

the Defendant No.4 & 5 as the
Secretary and Treasury of the
Defendant No.2 is illegal and
unconstitutional and their
appointment may be declared
illegal, unconstitutional and not
binding upon the Plaintiff and other
members of Defendant No. 1.

iv. Declaration that the

appointment/induction of Defendant
No. 15 to 19 as the Executive
Member of the Executive Committee
of Defendant no. 1 is illegal, void,
arbitrary and not binding upon the
 P a g e | 38

Plaintiff and other members of

Defendant No. 1.

v. Permanent injunction restraining the

Defendant No. 4 & 5 from acting as
Secretary and Treasurer
respectively of Defendant No. 1 in
any manner; and further the
Defendant No. 2 to 5 may be
restrained from using and utilizing
the funds of Defendant No. 1 in any
manner and also restraining them
from opening and operating of any
independent bank account in the
name of the Defendant No. 1, in
any manner.

vi. Any other relief(s) that the Plaintiff

is entitled for from this Hon’ble
Court under the facts and
circumstances of this case, being
the Court of Law and Equity.
vii. The cost of the suit.

For this act of kindness the plaintiffs shall pray for ever.
 P a g e | 39

VERIFICATION

I, Sri Giriraj Kakarania, the plaintiff No.1 and taking steps in this case for
self and on behalf of the other plaintiffs of this case do hereby states and verify
that the statements made para 1 to 15, 17, 18, 21, 23 to 28, 34 to 46 are true to
my knowledge and those made in para 16, 19, 20, 22, 29, 30, 31, 32, 33 are true
to my information as derived from the records and rest are my humble submission
before this Hon’ble Court.
And I, sign this verification on this.....day of August, 2021 at Guwahati.

(SIGNATURE)
 P a g e | 40

AFFIDAVIT

I, Sri Giriraj Kakarania, Son of- Sri Basudeo Kakarania, aged about-46
years, resident of- House No.1, Sreenagar Road, Bye Lane No. 2, Guwahati-
781006 in the Dist-Kamrup(M), Assam, do hereby solemnly affirm and declare as
follows:

1. That I am plaintiff No.1 of this case and taking steps in this case for self and on
behalf of other plaintiffs and conversant with the facts and circumstances of the
case and as such, I am competent to swear this Affidavit.

2. That all the statement made in para 1 to 15, 17, 18, 21, 23 to 28, 34 to 46 of
this case are true to the best of my knowledge and those made in para 16, 19,
20, 22, 29, 30, 31, 32, 33 are true to my information as derived from the
records and rests are my humble submissions before this Hon’ble Court.

3. That the statements made in Para 1 and 2 of this affidavit are true to my
knowledge and belief.
“OATH”
“I swear that this my declaration is true, that it conceals nothing
and no part of it is false. So help me God,”
-AND-

I sign this affidavit on this the th

day of August, 2021 at Guwahati,
Assam.

Identified by me DEPONENT

Advocate, Guwahati
P a g e | 41