All India Bank Officers Association Thr. Its General Secretary And Autho. Rep. Sundaram Nagarajan v. Sanjay Kumar Khan And ANR

Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3221 OF 2025 All India Bank Officers' Association Through Its General Secretary and Authorized Rep Sundaram Nagarajan ..Petitioner

Versus

Sanjay Kumar Khan & Anr

...Respondents

Mr. Bhavesh Parmar, with Rahul Gaikwad, Aman Jhawar, Rajesh Sahani, Aqueel Patel and Virendra Kadam, i/b Gravitas Legal, for the Petitioner.

Mr. Nikhil Patil, with Jaideep Singh Khattar & Rohit B, i/b The Fort Circle, for the Respondent No.1.

CORAM:

N. J. JAMADAR, J.

DATED :

10th MARCH 2025 P.C.:

1.

Heard the learned Counsel for the petitioner. 2.

The challenge in this Petition is to an order dated 14th January ARUN RAMCHANDRA SANKPAL 2025 passed by the learned Judge, City Civil Court, whereby a Chamber ARUN RAMCHANDRA SANKPAL Date: 2025.03.12 17:24:53 +0530 Summons taken out by respondent no.1 to implead him as a partydefendant in the Suit instituted by the plaintiff against respondent no.2 has been allowed.

3.

The essential dispute between the petitioner and defendant no.1 is regarding the right to represent the All India Bank Officers' Association ("the Association"). Both factions claim to be lawfully 1/3

elected and contest the claim of the other faction to the office bearership of the Association. 4.

The learned Counsel for the petitioner invited attention of the Court to the description of respondent no.1 in the title of the Chamber Summons wherein respondent no.1 claims to be the General Secretary of the Association. It was submitted that the petitioner-plaintiff is not averse to the impleadment, as such, of respondent no.1 as a partydefendant but is opposed to his impleadment in the capacity in which the respondent no.1 has taken out the Chamber Summons. It was submitted that the faction which the respondent no.1 represents has filed two suits; one before at Civil Court at Dwarka, Delhi and another before the City Civil Court, Dindohsi Division, Mumbai. But no interim relief has been granted in those suits.

5.

The learned Judge, City Civil Court has recorded a prima facie finding that any adjudication in the instant suit may infringe the rights of respondent no.1. In that view of the matter the necessity of impleadment of respondent no.1 as a party-defendant cannot be contested. However, the respondent no.1 ought to be impleaded in his individual capacity de hors the appellation which the respondent no.1 has given to himself namely, "General Secretary" of the Association. 6.

It is, further, clarified that respondent no.1 is entitled to raise all the contentions as permissible in law on the premise that he claims to be 2/3

an elected General Secretary of the Association in the pleading which may be filed on behalf of respondent no.1.

7.

With the aforesaid clarification, the petition stands disposed. [N. J. JAMADAR, J.] 3/3