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    <title>2022 (9) TMI 1689 - CALCUTTA HIGH COURT</title>
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    <description>The dominant issue was whether a civil suit seeking to restrain a members&#039; club from acting on audit findings and resolutions to order a forensic audit and initiate enquiry against a member was maintainable, so as to permit consideration of interim relief under O.39 rr.1-2 CPC. The HC held that, on the plaint itself, the grievance arose from internal management decisions taken through the management committee and an EGM pursuant to audit/forensic audit reports, and the member had been afforded opportunity of hearing by show-cause and replies; the dispute was therefore not maintainable before the civil court in view of the statutory remedial scheme (Companies Act, 2013, ss. 241-242). Consequently, the suit was dismissed as not maintainable and the temporary injunction application was rejected without examining merits.</description>
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    <pubDate>Mon, 26 Sep 2022 00:00:00 +0530</pubDate>
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      <title>2022 (9) TMI 1689 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=465454</link>
      <description>The dominant issue was whether a civil suit seeking to restrain a members&#039; club from acting on audit findings and resolutions to order a forensic audit and initiate enquiry against a member was maintainable, so as to permit consideration of interim relief under O.39 rr.1-2 CPC. The HC held that, on the plaint itself, the grievance arose from internal management decisions taken through the management committee and an EGM pursuant to audit/forensic audit reports, and the member had been afforded opportunity of hearing by show-cause and replies; the dispute was therefore not maintainable before the civil court in view of the statutory remedial scheme (Companies Act, 2013, ss. 241-242). Consequently, the suit was dismissed as not maintainable and the temporary injunction application was rejected without examining merits.</description>
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