BEFORE THE DISTRICT COURT, ROHINI

(ORDINARY ORIGINAL CIVIL JURISDICTION)

C. S. NO. _______-OF 2018

IN THE MATTER OF:

Shri. S. B. Lal

S/o Late Shri Munshi Lal

Aged about 78 years

Residing at C5/21, Ground Floor,

Grant Vasant,

New Delhi 110 079 Plaintiff

Versus

Alumni Association

Delhi College of Engineering

Through its President

Praveen Bhargava

Registered office at

Bawana Road, Delhi – 110042

Shri. Praveen Bhargava

Purported President

Alumni Association

Delhi College of Engineering

Bawana Road, Delhi -110042.

Shri S. M. Mahajan

Purported Vice President

Alumni Association

Delhi College of Engineering

Bawana Road, Delhi – 110042

Shri N. K. Sharma

Purported General Secretary

Alumni Association

Delhi College of Engineering

Bawana Road, Delhi – 110042

Shri Shiv Kumar Bharadwaj

Purported Treasurer

Alumni Association

Delhi College of Engineering

Bawana Road, Delhi – 110042 Defendants

SUIT FOR DECLARATION AND MANDATORY AND PERMANENT

INJUNCTION

The present suit is filed seeking declaratory and injunctive relief against the Defendants.

The above named Plaintiff humbly submits as follows:

1. The Plaintiff is an alumni of the Delhi college of Engineering 1962 batch. The Plaintiff

passed out from the college in the year 1962. He worked as Assistant Engineer in CPWD

from December 1963 to November 1964 and worked as Assistant Director in Central

Water Power Commission from 1964 to 1966 and he worked in MTNL from 1966 till

1997. He was Chief Engineer, MTNL from May 1995 to November 1997. From

November 1997 to December 2000 he was working as Chief Engineer (Arbitration) to

adjudicate disputes between Union of India and various agencies. Presently the Plaintiff

is involved in several arbitrations where he gives his services as Technical member and

is a member of several world renowned associations like American Society of Civil

Engineers and American Association of Cost Engineers. He is highly respectable

member of the society and is one of the distinguished alumni of the Delhi College of

Engineering, presently known as Delhi Technology University. The Plaintiff is also a

member of the Governing Body of the Alumni Association of the Delhi College of

Engineering.

2. The address for the service of all notices and processes on the Plaintiff is that of its

counsel

________________________________________________________________________.
3. The Defendant no. 1 is the association which purportedly calls itself to be the original

“Alumni Association Delhi College of Engineering”. The Defendant no. 2 is the

purported president of the Defendant no. 1 association. The Defendant no. 3 is the

purported vice president of the Defendant no. 1 association. The Defendant no. 4 is the

purported General Secretary of the Defendant no. 1 association. The Defendant no. 5 is

the purported Treasurer of the Defendant no. 1 association.

The address for the service of all notices and processes on the Defendant is as above.

4. The alumni of the Delhi College of Engineering started the Alumni Association in the

year 1988. They entered into a Memorandum of Association on 29.05.1988. The

Plaintiff herein was one of the witnesses to the execution of the Memorandum of

Association on 29.05.1988. A true copy of the Memorandum of Association of the

Alumni Association of the Delhi College of Engineering dated 29.05.1988 is annexed

hereto as Annexure P1 (Page _____to Page _____).

5. That there were 5 founding members of the Alumni Association of the Delhi College

of Engineering at the time of forming the Memorandum of Association. They were Shri

R. K. Bhandari, Shri Karnal Singh, Shri Pramod Adlakha, Shri N. K. Sethi and Prof. Dr.

A. K. Saluja.

6. The activities of the Association are to conduct an annual meet every year as well as

to provide networking opportunities to alumni from last three decades to be in touch

with each other for professional opportunities and growth.

7. That it is a tradition of the Association to conduct an Annual Alumni Meet cum

dinner which has been organised every year since ___________. It is a very prestigious

event as alumni of the college from various years come together to meet each other. For

vetarans like the Plaintiff, it is an opportunity to meet the young generation of students

and young engineers who have passed out from their prestigious college. Thousands of

people attend the alumni meet every year and several members even travel from

abroad to attend the Alumni Meet. Over the years, distinguished chief guests have
adorned the Alumni Meet organised by the Alumni Association including dignitaries

like Shri. Shivraj Patil, Shri Kapil Sibal etc. The Plaintiff has also learned that this year

Shri Kiren Rijiju, Hon’ble Union Minister of State for Home Affairs of India may be the

chief guest for the Alumni Meet on 31.03.2018. The Alumni Meet holds great regard in

the place of all alumnus of the Delhi College of Engineering as it is a way to know about

the new events and progress happening at their Alma Mater. Meritorious Students from

each passing out batch are honoured in front of all the alumni which is a huge morale

boost for the youngsters. Several young engineers also get to meet industry experts and

alumus who may help them in several ways in their career.

8. The Plaintiff herein looks forward to attending the alumni meet every year and has

been attending the alumni meet religiously for the last 30 years. This year also the

Alumni Association published an advertisement in the Times of India and Economic

Times on 05.03.2018 for the Annual Alumni Meeting on 31.03.2018 to be held at the Air

Force Auditorium, Subrato Park, Delhi.

9. The Plaintiff herein immediately registered for the Alumni Meet on 31.03.2018 to

attend along with his entire family. A true copy of the receipt for Registration for

attending the Alumni Meet on 31.03.2018 for the Plaintiff is annexed hereto and marked

as Annexure P2 (Page ____to Page _____). The Plaintiff was eagerly looking forward to

meet his batch mates from the batch of 1962 and had even tried to contact some of them

to know if they were all attending the Alumni Meet on 31.03.2018. The Plaintiff also

noted from the website of the Alumni Association i.e. dcedtualumni.org that almost 254

members had registered for attending the event on 31.03.2018. The Plaintiff is also a

subscriber of social media webpages of the Alumni Association on Facebook and

Twitter which show that thousands of members of the Alumni Association have shown

their interest in attending the Alumni Meet on 31.03.2018. A true copy of the screen

shots of the Alumni Association webpages on facebook and twitter are annexed hereto

and marked as Annexure P3 (Page ___To Page _____).

10. The Plaintiff also learnt that the Defendants had written to the Registrar of Societies

stating that Shri Sanjay Diwan and others were acting illegally in the name of “Alumni

Association, Delhi College of Engineering” and sought that the Registrar of Societies

should restrain them from interfering with the affairs of the Society. A true copy of the

letter sent by the Defendants to the Registrar of Society dated 06.01.2017 is annexed

hereto and marked as Annexure P4 (Page ___to Page ____).

11. On 23.02.2018 the Plaintiff saw that the President of their Alumni Association Shri

Sanjay Diwan had sent an email stating that one group of some members led by the

Defendant no. 1 had filed a case in Tis Hazari District Courts which had led to a stay of

the elections which were being planned to be held by the Alumni Association. At this

point, the Plaintiff thought that maybe there was some disagreement internally within

some members and some of them have gone to Tis Hazari Court to challenge the

election.

12. However, to the utter shock of the Plaintiff, this group of members led by Defendant

no. 1 had published a public notice in the Times of India and Economic Times on

19.03.2018 claiming to be the original Alumni Association of the Delhi College of

Engineering and were holding an Alumni Meet at the India Habitat Centre on

24.03.2018.

13. After seeing this notice, several of the Plaintiffs friends called him including some of

his friends from abroad who had planned to come to New Delhi to attend the Alumni

Meet on 31.03.2018 as to what was this meeting on 24.03.2018 as they had all already

made travel plans on 31.03.2018. The Plaintiff tried to clarify to all of them that was

some breakaway faction who were purporting to call themselves the original

association and were simply trying to create confusion by holding another meeting on

24.03.2018.

14. The Plaintiff also noted that the Defendants were also trying to create severe

confusion among the members on social media webpages and circulating whatsapp

messages by stating that they were the original Alumni Association and that the
Alumni Association which was founded by the Plaintiff and his friends since 1988 was

fake.

15. The Plaintiff submits that the cause of action for this suit arose on 19.03.2018 when

the Plaintiff saw that the Defendants had published a notice in the Times of India and

Economic Times News Paper about a meeting to be held on 24.03.2018.

16. The Plaintiff submits that this suit is within the period prescribed under the

Limitation Act, 1963.

17. The value of the above suit for the purposes of court fees and jurisdiction is

Rs.____________________ being the amount claimed, and a court fee of Rs.

_____________is paid thereon.

18. It is therefore prayed that this Hon’ble Court could be pleased to grant a decree in

favour of the Plaintiff and against the Defendant as follows:

a) Declare that Defendant no. 1 is not the original “Alumni Association of the Delhi

College of Engineering”;

b) Declare that the Defendant nos. 2-5 are not office bearers of the original “Alumni

Association of the Delhi College of Engineering”;

c) Conduct court monitored elections for the Alumni Association of the Delhi

College of Engineering as per the Memorandum of Association;

d) Appoint a Local Commissioner to oversee the conduct of the Elections of the

Alumni Association of the Delhi College of Engineering as per the Memorandum

of Association; and

e) Pass any or other orders that the Court may deem fit in the facts and

circumstances of the case and in the interests of justice, equity and good

conscience.

Dated at New Delhi the ______day of _______-2018.

COUNSEL FOR PLAINTIFF PLAINTIFF

THROUGH COUNSEL
MR. ANKUR MAHINDRO
ADVOCATE
CHAMBER NO. 383, CIVIL WING
TIS HAZARI COURTS
PHONE: 91-9891051888

VERIFICATION

I, _________________, Plaintiff above named do hereby verify that the facts stated above

are true and correct to the best of our knowledge and belief.

Verified at Delhi on this the ________day of _______2018.

PLAINTIFF
 BEFORE THE DISTRICT COURTS, ROHINI, NEW DELHI

CS NO. ________OF 2018

IN THE MATTER OF:

SHRI S.B.LAL ….PLAINTIFF

VERSUS

Alumni Association, Delhi College of Engineering & Ors ..DEFENDANTS

APPLICATION ON BEHALF OF THE PLAINTIFFS UNDER ORDER 39 RULE 1

AND 2 READ WITH SECTION 151.

MOST RESPECTFULLY SHOWETH:

1. The Plaintiff herein has filed the aforesaid suit and the contents of the Plaint may

kindly be read as integral part of this Application and same are not being repeated

herein for the sake of brevity.

2. The Plaintiff has a prima facie case in his favour and against the Defendant nos. 1 and

2. The Plaintiff has been advised of a good chance of success before this Hon’ble Court.

3. That the balance of convenience also lies in favour of the Plaintiff and against the

Defendants.

4. That if the Defendants succeed in their ulterior motive and mala fide intentions and

mischevious activities in the subject matter of the present suit without any authority

the Plaintiff will suffer irreparable loss and injury which cannot be compensated in

terms of money or otherwise in any manner.

 PRAYER

In the aforesaid facts and circumstances of the case, it is most respectfully prayed that

this Hon’ble Court may be pleased to :

A) restrain the defendants and their agents from using the name of the Alumni

Association of the Plaintiff i.e “Alumni Association, Delhi College of Engineering” in

their proposed meet on 24.03.2018;

B) Direct them to publish a corrigendum by stating that the proposed meet is without

the name of the said association in all newspapers, and social media profiles; and

C) Pass any or other orders that the Court may deem fit in the facts and circumstances

of the case and in the interests of justice, equity and good conscience.

PLAINTIFF/ APPLICANT
THROUGH COUNSEL
MR. ANKUR MAHINDRO
ADVOCATE
CHAMBER NO. 383, CIVIL WING
TIS HAZARI COURTS
PHONE: 91-9891051888