Justice Rajneesh Oswal of J&K High Court Jammu Wing today upheld the order of 2nd Additional District Judge order whereby District Court kept in abeyance the operation of decisions/resolutions of the impugned Special General Meeting dated 19.12.2018 of the Chamber of Commerce and Industry through its President organized at Hotel Radisson Blu, Jammu and published in Newspaper dated 13.03.2019 whereby term of the defendant no. 2 to 7 was extended alongwith various amendments in the Constitution.
Justice Rajneesh Oswal while dismissing the application filed by President CCI observed that the findings recorded by the trial court appear as reasonable conclusions on the basis of relevant material available before the Trial Court. The order impugned suffers from no legal infirmity as the trial Court has passed the same well within the domains of law. However in present times due to Covid 19 pandemic, it is imperative that the CCI Jammu is able to disseminate the information provided by the Government Authorities for ensuring the compliance of safety norms for business establishments and also the other information that may be necessary for the welfare of the members of the CCI Jammu, so it would be in the interest of CCI Jammu as well as its members, that someone is authorized to do so. As the Respondent no:5 has been authorised by the Trial Court to operate the bank account, so he is further authorised to inform the members of CCI Jammu about the Government instructions/policies issued from time to time, through print or electronic media and while doing so he would not represent himself as Secretary General of CCI Jammu. Further, the Trial Court shall be at liberty to modify/alter this part of the order without any reference to this Court on the motion of either of the parties. Any observation made herein is solely for the purpose of disposal of present Appeal and shall have no bearing upon the final disposal of the suit. The order impugned is modified only to the extent mentioned above without disturbing the directions contained in the same. Appeal stands disposed of along with connected applications. JNF