Aijaz Ahmed Khan v Shahzad Khan

The plaintiff, Aijaz Ahmed Khan, brought an application against the defendant, Shahzad Khan, and others, seeking an interlocutory injunction to replace the executive council of an association. The dispute arose from the association's rules, which provided for the convening of a special general meeting by the members and the election of an executive council. The plaintiff alleged that the meeting was not convened in accordance with the rules of association and sought to replace the executive council elected at that meeting. The court was required to determine whether serious questions were to be tried concerning the validity of the special general meeting and whether the balance of convenience favoured replacing the executive council.

The court considered the legal issues concerning the validity of the special general meeting and the appropriate remedy. It examined the provisions of the association's rules and the process by which the meeting was convened. The court found that there were serious questions to be tried as to whether the special general meeting was validly convened. The court also considered the balance of convenience and determined that it favoured replacing the executive council elected at the meeting. The court held that an interlocutory injunction should be granted to replace the executive council until the matter was finally determined.

In light of the court's reasoning, it granted an interlocutory injunction to replace the executive council of the association. The court held that the plaintiff had demonstrated serious questions to be tried concerning the validity of the special general meeting and that the balance of convenience favoured replacing the executive council. The court ordered that the executive council elected at the meeting should be replaced until the matter was finally determined. The court emphasised the importance of ensuring that the association's rules were followed and that the executive council was properly elected. The decision provides guidance on the appropriate remedy in cases where there are serious questions to be tried concerning the validity of a special general meeting and the balance of convenience favours replacing the executive council.