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DISTRICT: KAMRUP(M)

IN THE GAUHATI HIGH COURT

(THE HIGH COURT OF ASSAM; NAGALAND; MIZORAM

AND ARUNACHAL PRADESH)

(CIVIL APPELLATE JURISDICTION)

MFA No......................./2022

To,

The Hon’ble Mr. Justice Sudhanshu Dhulia, MA (Modern

History), LL.B, the Chief Justice of the Hon’ble Gauhati High
Court and His Lordship’s Companion Justices of the said Hon’ble
Court.

IN THE MATTER OF

An Application under Order 41

Rule 5 of the Code of Civil
Procedure and/or under Section
151 of the Code of Civil Procedure.

-AND-

IN THE MATTER OF

1. Sarat Borkotoky
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S/O:- Late Hem Chandra

Borkotoky Resident of House
No.-1, South Sarania, Guwahati
Kamrup (M), Assam

2. Sri Sumer Singh Gaur

S/O:- Late Saheb Ram Gaur
Resident of House No.-10, Jyoti
Path Dhiren Para Guwahati-
781025, District- Kamrup (M)
Assam

…………. Petitioners/Defendants
Appellants

-VS-

1. Indian National Trade Union

Congress, Assam Branch, Guwahati.
(Represented by the President of
the Working Committee of the
Indian National Trade Union
Congress Guwahati) Assam Branch,
K.C. Sen Road, Paltan Bazar, P.O.-
781008

2. Hiranya Bora
S/O:- Late K.P. Bora, Resident of
Tarun Nagar, P.O.- Guwahati-
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781005, District- Kamrup (M),

Assam

3. Sri Dwizen Lahkar

S/O:- Late Bhavan Lahkar, Resident
of Pandu Railway Station Colony
P.O.- Pandu, P.S. – Jalukbari,
District – Kamrup (M) Assam

….Opposite Parties/ Plaintiffs

Respondents

-AND-

IN THE MATTER OF

An order dated 15-03-2022 passed

by Civil Judge No.1 Kamrup (M)
Guwahati in Misc (J) Case No.
424/2021 (T.S. No. 279/2021)
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The Petitioners above named :-

MOST RESPECTFULLY SHEWETH

1. The Petitioners beg to state that the Indian National

Trade Union Congress, Assam Branch is an umbrella
organization of the various Trade Unions within the State
of Assam and its jurisdiction shall comprise all the districts
of Assam. Its main purpose is to promote generally the
social, civil and political interests of the working class. The
Central Office of the Indian Trade Union Congress, Assam
Branch is situated at its K.C. Sen Road, Paltan Bazar
Guwahati. The Petitioner No.1 at present, is functioning
as Working President of the said Indian National Trade
Union Congress and is elected in the Biennial Conference
held in the year 2014. The Petitioner No.2 is the General
Secretary of the said Trade Union Congress and elected in
the said triennial conference
2. That the Petitioner begs to state that all its functions
namely the procedure of election of its office bearers,
disciplinary matters, appellate provisions, the power and
duty of its office bearers etc. are controlled by its
Constitution which is known as Constitution of Indian
National Trade Union Congress, Assam Branch.
3. That the Triennial Conference of the Indian National
Trade Union Congress was held in the year March 2014
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for election of various office bearers. And in the said

Conference, the Petitioner No.1 was elected as the
Working President and the Petitioner No.2 was elected as
General Secretary
4. That by challenging the said Conference, the Opposite
Parties instituted a Title Suit which was numbered as the
Title Suit No. 77/2014 in the Court of Civil Judge No.3
Kamrup (M) Assam against the Petitioner No.1 and
others. In the said Suit, the Opposite Parties prayed for a
decree for declaration that the Petitioners are bound by
the Constitution of the Indian National Trade Union
Congress along with other consequential reliefs.
5. That the Learned Civil Judge No.3, Kamrup(Metro),Assam
thereafter by an interim order dated 06-03-2014 , passed
in Misc. (J) Case No. 101/2014 filed alongwith the said
Title Suit declined to restrain the Indian National Trade
Union Congress, Assam Branch Guwahati from holding
the triennial session of the Petitioner No. 1 scheduled to
be held on 08-03-2014. But directed that the resolution
adopted therein shall not be given effect till the disposal
of the application for temporary injunction filed in the
above case.
6. That, the Petitioner begs to state that the Triennial
Session of the Indian National Trade Union Congress,
Assam Branch Guwahati was held on 8-03-2014 and 9-03-
2014 respectively at Guwahati. In terms of the aforesaid
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order dated 6-03-2014, the Petitioner No. 1 and 2 are

elected as president and General Secretary alongwith
other office bearers as per the Constitution of the Indian
National Trade Union Congress, Assam Branch Guwahati.
7. That, the Petitioners beg to state that they alongwith
other newly elected office bearers would not assume
charge because of the order dated 6-03-2014 passed in
the Misc (J) Case No. 101/2014.
8. That, in the meantime Learned Civil Judge No.3, Kamrup
(M) vide order dated 26-02-2018 pleased to dismiss the
said Title Suit No. 77/2014 on the ground of abatement
due to the death of the Defendant No.2 of the said Suit.
9. That, the Petitioners beg to state that after passing of the
order dated 26-02-2018, both the Petitioners and other
newly elected office bearers shall assume charge on 28-
02-2018. Thereafter, the Petitioner No.2 vide letter dated
3-03-2018 informed all the concerned that the resolution
dated 9-03-2014 adopted in the Triennial Session have
given effect after dismissal of the Title Suit No.77/2014.
And a new set of elected office bearers have assumed
office in accordance with the Constitution of the Indian
National Trade Union Congress, Assam Branch Guwahati.
10. That, the Opposite Party No.2 after passing of the
order dated 26-02-2018 in the Title Suit No. 77/2014
preferred a Civil Revision Petition No. 27/2018 before this
Hon’ble Court against the aforesaid order and this Hon’ble
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Court vide order dated 13-06-2018 asked the Opposite

Party No.2 to prefer an application for setting aside the
abatement of the Suit and for substitution of the
deceased Defendant No.2 with a person considered to be
an Acting President and the Trial Court shall adjudicate
the same and shall pass appropriate orders in accordance
with law.
11. That, after passing of the order dated 13-6-2018 in
Civil Revision No. 27/2018 , the Opposite Party No.2 filed
an application before the Learned Trial Court to add one
Mohd. Harisus Zamal as the Defendant No.2 in the Title
Suit No. 77/2014 without filing an application for setting
aside the abatement.
12. That, the Learned Trial Court thereafter vide order
dated 21-06-2018 allowed to add Harisus Zamal as
Defendant No.2 and the Suit was restored. Before passing
of the order dated 21-06-2018 the Petitioners were not
allowed to file any objection nor allowed any chance of
hearing.
13. That, being dissatisfied with the order dated 21-06-
2018 passed in connection with the Title Suit No.
77/2019, the Petitioners preferred a Civil Revision before
this Hon’ble Court which is numbered as Civil Revision No.
288/2018. And, this Hon’ble Court vide order dated 29-
08-2018 pleased to stay the further proceedings of the
aforesaid Title Suit.
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14. That, after passing of the order dated 29-08-2018 in

Civil Revision No.288/2018, the Opposite Party No.2 was
appointed as the President of the Ad-Hoc Committee
formed vide notification dated 14-11-2019 alongwith with
the office bearers of the said Committee.

A copy of the said notification is

enclosed herewith and is marked as
Annexure 1.

15. That, the Petitioners beg to state that the said Ad-
Hoc Committee was formed by violating the Constitution
of the Indian National Trade Union Congress because
before formation of the Ad-Hoc Committee there was no
order for dissolution or suspension of the earlier
committee formed vide triennial Session held in the year
2014.
16. That, after issuance of the notification dated 14-11-
2019 vide another 2 notifications dated 12-11-2020 and
25-05-2021 have extended the terms of the Ad-Hoc
Committee in order to allow the Opposite Party No.2 to
function as the President illegally with some vested
interest.
17. That, the Petitioners beg to state although Ad-Hoc
Committee was formed vide notification dated 14-11-2019
however, Opposite Party No.2 and 3 alongwith other
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office bearers could not assume charge. So, the Opposite

Parties as the Plaintiffs filed a Title Suit which is
numbered as Title Suit No. 279/2021 before the Civil
Judge No.1 Kamrup (M) with a prayer for declaration that
the Ad-Hoc Committee formed vide notification dated 14-
11-2019 is emowered and authorized to manage the
property and afffairs of the Indian National Trade Union
Congress.
18. That, the Opposite Parties alongwith the said Suit
filed an application under Order 39 Rule 1 and 2 with a
prayer restraining the Petitioners from interfering with
the affairs of the Opposite Party No.1 and also, not to
operate the Saving Bank Account of the Opposite Party
No.1.
19. That, the Learned Trial court however by order
dated 22-09-2021 restrained the Petitioners from
operating the bank account of the Opposite Party No.1
and not to collect any money from the property of the
Opposite Party No.2.

A copy of the said order dated 22-09-

2021 is enclosed herewith and marked
as Annexure 2.

20. That, the Petitioners further beg to state before

institution of the Title Suit No.279/2021, the Opposite
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Party No.2 by letter dated 26-08-2021 written to the

Assistant General Manager and Branch Head of UCO Bank
, Silpukhuri where Opposite Party No.2 asked the Bank
Authorities to stop operation of the bank account
belonging to the Opposite Party No.1 by the Petitioners.
So, from the above letter as well as the contents of the
Title Suit No.279/2021, it has appeared that the Opposite
Party No.2 and 3 could not function as the President and
the General Secretary of the Ad-Hoc Committee formed
vide notification dated 14-11-2019.

A copy of the said letter is

enclosed herewith and marked as
Annexure No.3

21. That after passing of the order dated 22-09-2021,

the Petitioners filed an objection petition against the
application filed under Order 39 Rule 1 and 2 of the Code
of Civil Procedure as well as an application under Order
39 Rule 4 of the Code of Civil Procedure for setting aside
or discharge of the order dated 22-09-2021.
22. That, however the Learned Trial Court vide order
dated 15-03-2022 rejected the said application and made
the Ad-Interim injunction absolute
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A copy of the said order dated 15-

03-2022 is enclosed herewith and
marked as Annexure No.4.

23. That, the Learned Trial Court while passing the

order dated 15-03-2022 failed to take into consideration
the status quo which had existed at the time of filing of
the Suit.
24. That, the Petitioners beg to state before passing of
the order dated 22-09-2021, the Learned Trial Court
failed to give the reasons for passing of the said order
and on that ground, the Ad- Interim injunction is bad and
is liable to be set aside.