The Heritage School v. Ajay Aggarwal & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO 417/2016 THE HERITAGE SCHOOL ..... Appellant Through:

Ms. Namitha Mathews, Adv.

versus AJAY AGGARWAL & ORS ..... Respondents Through:

Mr. Mayank Bansal, Adv. for R-1 to 3.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 16.08.2017 1.

This case is taken up today i.e 16.8.2017 as 14.8.2017 was declared as a holiday on account of Janmashtami.

2.

This appeal was filed challenging the order of the trial court dated 26.8.2016 by which elections were ordered to be conducted for the Parents Teacher Association (PTA) of the appellant-school. 3.

In terms of the orders passed by a learned Single Judge of this Court elections have been conducted and a newly elected body of the PTA has now taken charge.

4.

It is stated by the respondents/plaintiffs that thereafter the suit has FAO 417/2016

been amended, subject to the defences of the appellant, whereby the suit as amended now challenges the election process and the results of the elections conducted of the PTA of the appellant-school, and the suit in terms of the amended plaint is now pending disposal before the trial court. 5.

Accordingly, this appeal is disposed of by recording the consent of both the parties that the suit plaint as amended and therefore the newly amended suit will be heard and disposed of by the trial court in accordance with law, and that all aspects, whether interim or otherwise, including of any alleged contempt would no longer remain alive as was till the stage before the amendment of the plaint by the respondents/plaintiffs. 6.

The appeal and all pending applications are accordingly disposed of in terms of the aforesaid observations.

VALMIKI J. MEHTA, J AUGUST 16, 2017 ib FAO 417/2016