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TMI Blog2019 (7) TMI 451X X X X Extracts X X X X X X X X Extracts X X X X ..... d in terms of resolution dated April 28, 2015. The resolution was in respect of two bank accounts of Hamdard in the Corporation Bank only. The resolution is in no way in respect of management of Hamdard and even remotely has no connection with the management of the Hamdard. Therefore, the word management is inadvertent mistake of this Court which is required to be substituted by the word banking operations . - MISCELLANEOUS APPLICATION NOS. 883-884 OF 2019 CIVIL APPEAL NOS. 3382-3383 OF 2019 CONTEMPT PETITION (CIVIL) NOS. 589-590 OF 2019 - - - Dated:- 9-7-2019 - Uday Umesh Lalit and Hemant Gupta, JJ. ORDER HEMANT GUPTA, J . MISCELLANEOUS APPLICATION NOS. 883-884 OF 2019 The present applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of above the appeals are allowed. The order passed by learned Division Bench on 27.11.2018 is set aside and that of the order of learned Single Bench on 25.10.2017 is restored. The parties will additionally continue with the arrangements arrived at in respect of the management of the Hamdard in terms of the resolution dated 28.04.2015. 3. The appellant filed I.A. No. 5860 of 2017 before the Delhi High Court in Civil Suit (OS) No. 211 of 2017 claiming the following reliefs: A) To release the salaries and other dues of all the Mutawallis of Hamdard (including Defendant No. 4) from September, 2016 till date. B) Direct all the banks as stated in para no. 2 of the application, to allow the plaintif to operate acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o groups could sign in combination for operation of the bank accounts in the Corporation Bank. One of the conditions in the resolution is that the resolution can be rescinded if a notice in writing is given to the Bank by any of the trustees of the Trust. 7. The argument of the appellant is that Abdul Majeed has revoked the resolution which is made out from the electronic mail sent on December 12, 2018. Therefore, the arrangement in respect of banking operations arrived at between the two groups is no longer available. It is contended that Chief Mutawalli-the appellant has the right to operate bank accounts in terms of Wakf Deed of 1948 as amended by 1973 Deed. Therefore, the respondents be restrained from interfering in the worki ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n respect of management of Hamdard and even remotely has no connection with the management of the Hamdard. Therefore, the word management is inadvertent mistake of this Court which is required to be substituted by the word banking operations . 10. The learned Single Bench has not granted relief to the appellant to operate bank accounts as claimed by him. This Court, vide judgment dated April 3, 2019, has not granted the relief which was not granted by the learned Single Bench but it was ordered additionally to continue with the arrangements voluntarily arrived at in respect of two bank accounts of Hamdard on April 28, 2015. 11. The apprehension of the appellant that respondent Nos. 1 and 2 may not cooperate in approvi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case No. 525309 of 2016 and also in Complaint Case No. 5480/1/2010, both pending before Metropolitan Magistrate, Kamla Market, New Delhi. It is also pointed out that one Javed Akhter, Sr. Manager (Legal) of Hamdard was the authorised representative of Hamdard in three cases under Section 138 of the Negotiable Instruments Act, 1881 and also in FIR No. 89 of 2014. 15. The grievance of the applicant is that the appellant has appointed his son Sajid Ahmed as authorised representative of Hamdard. Therefore, the son of the appellant will be prosecuting his father which will not lead to fair trial. 16. It shall be open to the applicant to seek appropriate relief in the Civil Suit pending as the present claim is beyond the scope ..... X X X X Extracts X X X X X X X X Extracts X X X X
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