The High Court dismissed a Civil Revision Petition seeking to set aside a lower court order allowing the striking of the petitioner's name from a trade association's defendant list. The bench found no error in the impugned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.08.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.GOVINDARAJ
C.R.P.PD.No.2834 of 2017
and
C.M.P.No.13401 of 2017
R.Nandakumar ...Petitioner
Vs.
1.N.Prabhakar, Ex.President
The South Indian Sugarcane & Sugar
Technologies Association ("SISSTA")
Navbharat Ventures Limited
Samalkot, East Godavari District
Andhra Pradesh 533 440.
2.The South Indian Sugarcane & Sugar
Technologies Association (SISSTA)
Rep. by its President
3.Mr.E.Muthuvelappan, President
The South Indian Sugarcane & Sugar
Technologies Association (SISSTA)
4.Mr.Jagadish H.Kulkarani, Election Officer
The South Indian Sugarcane & Sugar
Technologies Association (SISSTA)
Ugar Sugar Works Limited,
Ugar Khurd, Athani Taluk,
Belgaum District,
Karnataka 591 316. ...Respondents
2
Prayer: Civil Revision Petition has been filed under Article 227 of the Constitution of India to set aside the order dated 13.07.2017 passed in I.A.No.4034 of 2017 in O.S.No.6272 of 2016 by allowing this Civil Revision Petition.
For Petitioner : Mr.A.V.B.Krishnakanth O R D E R The present Civil Revision Petition is filed for striking out the name of the 3rd defendant from the post of the President of the Association. The contention of the petitioner / plaintiff is that the President of the Association, with the malafide intention, removed the membership of the petitioner from Zone-B, Tamilnadu Area which prevented him from contesting the election conducted and sought to implead the 3rd defendant as a party.
2.The 3rd defendant filed the petition stating that in his official capacity as the President of the Association, he has taken action, removing the petitioner from the list of contesting candidates.
3
3.The petitioner is not seeking any relief as against the 3rd defendant to prove his malafide. However, the 3rd defendant has
challenged the same and sought for striking his name from the membership, as he is no more a president in the Association and a new president has been elected. The trial court has rightly allowed the petition as there is no cause of action or reliefs sought for against the
3rd defendant / 1st respondent.
4.This Court did not find any discrepancy in the order passed by
the trial Court. Therefore, the impugned order does not require any interference. Accordingly, this Civil Revision Petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs.
22.08.2017
kas
To 1.N.Prabhakar, Ex.President The South Indian Sugarcane & Sugar Technologies Association ("SISSTA") Navbharat Ventures Limited Samalkot, East Godavari District Andhra Pradesh 533 440.
4
M.GOVINDARAJ.,J. kas
3.Mr.E.Muthuvelappan, President The South Indian Sugarcane & Sugar Technologies Association (SISSTA)
C.R.P.PD.No.2834 of 2017 and C.M.P.No.13401 of 2017
22.08.2017
1 issue framed by the court
Whether the impugned order allowing the striking out of the petitioner's name from the Association requires interference.
R.Nandakumar
N.Prabhakar
The South Indian Sugarcane & Sugar Technologies Association
The South Indian Sugarcane & Sugar Technologies Association (SISSTA)
M.Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
