Law: Civil Procedure Code (V of 1908)

Section:

(a) Words and Phrases-"Other"-Used to distinguish what precedes it. Mildmay's case, 76 Eng. Rep. 379, In re: Skeats' Settlement, 42 Ch. D. 522 and Newen v. Barnes 1894 (2) Chan. Div. 297 ref. (b) Company-Internal management of Court will not ordinarily interfere. The Court will not interfere with internal management of a company unless there was reason that action of the company was fraudulent or against natural justice. If company's action was within its powers according to its Articles of Association, the fact that it worked hardship on some members while others benefited by it was not necessarily against natural justice. Satyavart Sidhantalankar v. The Arya Samaj Bombay, (1946) 48 B L R 341, V. N. Bhajekar v. k. M. Shinkar and others, A I R 1934 Bom. 243 ref. ORDER INAMULLAH J.-This is an, application under Order XXXIX rule 1 Civil P. C. read with section 151 Civil P. C. praying that the defendants may be restrained from putting into effect a certain clarification dated 24th December 1955 regarding the price of cotton tenders, for January delivery in respect of Pakistan Cotton Contracts of the Karachi Cotton Association Limited. The facts shortly put are these: The plaintiffs are member of the defendants, The Karachi Cotton Association Limited, a registered Association. The plaintiffs had entered into certain Hedge contracts. The Hedge contract is given in Schedule 'A' of the By-laws of the Karachi Cotton Association Limited. The basis for this contract is "Fine Machine Roller-Ginned N. T. Sind". Against this contract, as would appear from Schedule 'A' the following American Seed varieties are tenderable.- (1) Fine Machine Ginned N. T. Sind Roller & Saw Basic Staple 15/16". (2) Fine Machine Ginned 289E Punjab (Roller & Saw) Basic Staple 31/32", (3) Fine Machine Ginned L. S. S. (Sind & Punjab Roller & Saw) Basic Staple 7/8". (4) Fine Machine Ginned 4-F (Sind and Punjab Roller & Saw) Basic Staple 3/4". The contention of the plaintiffs is that the defendant­ Association through its Board of Directors has to fix the Spot Rate, i.e., the market rate for the day for Ready Cotton Transaction of every tenderable cotton, as mentioned in Schedule…

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