2019 (7) TMI 451

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.... B) An order directing to respondent No. 1 to forthwith counter-sign all payment advices prepared by the Finance Department of Hamdard Laboratories India; C) An order permitting to applicant/appellant to release all payments under the payment advices prepared by the Finance Department of Hamdard Laboratories India in the event of the respondent No. 1 neglecting/refusing to counter-sign and returning the payment advices within a day from the date of receipt of the payment advices from the Finance Department of Hamdard Laboratories India. 2. The appellant has sought the above directions, inter alia, on the ground that respondent Nos. 1 and 2 are creating impediment in the working and management of Hamdard Laboratories (India) (for....

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....irect defendants No. 1 and 2 to disclose and handover the ERP (Enterprise Resource Planning) Admin Control Password. 4. However, the learned Single Bench in its order dated October 25, 2017 passed the following order in the said I.A.: "47. In view of observations above, the defendants No. 1 and 2 are directed to handover the password of the domain name www.hamdard.com, www.hamdard.in and www.hamdardindia.com and its e-mail server password to the plaintif. They shall also disclose and handover the ERP (Enterprise Resource Planning) Admin Control Password." 5. Thus, the prayer of the appellant for direction to allow the plaintif to operate bank accounts maintained by Hamdard as sole signatory in its capacity as Chief Mutawalli ....

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....k accounts was claimed by the plaintif but not granted by the learned Single Bench and that this Court has restored the order of the learned Single Bench of the High Court while allowing the appeals filed by the appellant. It is contended that the appellant has not challenged the order passed by the learned Single Bench in an appeal in respect of non-grant of relief (B) in I.A. No. 5860 of 2017. Therefore, the restoration of the order of learned Single Bench by this Court will not mean that the appellant has right to operate bank accounts exclusively. The additional direction in para 59 was to safeguard the interest of both the groups so that one group is not excluded in the afairs of Hamdard. 9. We have heard the learned counsel for the....

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....me page. We do hope that the two groups will rise above their egos and resolve their disputes amicably so that the establishment of Hamdard by Hakim Hafiz Abdul Majid continues to prosper and to charity as resolved by the Late Hakim Abdul Majid for the benefit of the people of India. With this hope, we dispose of Miscellaneous Application Nos. 883-884 of 2019 by substituting the word 'management' in para 59 of the judgment dated April 3, 2019 with the word 'banking operations'. CONTEMPT PETITION (CIVIL) NOS. 589-590 OF 2019 IN CIVIL APPEAL NOS. 3382-3383 OF 2019 12. In view of the order passed in Miscellaneous Application Nos. 883-884 of 2019, no orders are called for in the present contempt petitions. Hence, the contempt petitions ar....