The plaintiff's suit seeking a permanent injunction regarding the management of the Indian Red Cross Society was dismissed as infructuous because the office bearers had already been elected and taken charge following prior court orders, rendering the relief unavailable.
The suit was dismissed as infructuous. No costs were awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.01.2 0 1 8
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
C.S.No. 539 of 201 7
A.No. 774 4 of 201 7
O.A.Nos. 686 & 687 of 201 7
A.No. 481 6 of 201 7
A.Nos. 618 7 & 618 8 of 201 7
1. Harish L.Metha
2. Dr.P.A.Sathianarayanan
3. Prof. Pulavar R.Manickam
4. P.R.Nagendiran
5. P.Indirarajan
6. C.Indernath
7. M.S.M.Nasruddin ... Plaintiffs
Vs.
1. Dr.D.Vadivel Mugundhan
2. Bank of Baroda
Rep. by its Branch Manager,
Egmore Branch, Egmore,
Chennai-600 008. ... Defendants
PRAYER : This Civil Suit filed under Order IV Rule 1 O.S. Rules read with Order VII Rule 1 of CPC, praying for the following reliefs:
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(a) grant a judgement and decree for permanent injunction restraining the 1st defendant, his agents, men, servants, anyone claiming under him or acting on his behalf from in any way interfering with the management of Indian Red Cross Society, Tamilnadu Branch by the existing office bearers who have been elected for the period 2014-2017 either under the guise of forming adhoc committee or by interfering with the operation of the bank account with the 2nd defendant by the Hon'ble General Secretary appointed by the existing managing committee till new set of office bearers namely, Chairman, Treasurer and Vice Chairman are elected by the management committee for the period of 2017-2020.
(b) grant a permanent injunction restraining the 2nd defendant bank from in any way permitting the operation of bank account of Indian Red Cross Society, Tamilnadu Branch at the instance of 1st defendant or anyone claiming under him or acting on his behalf or claiming to be the adhoc committee appointed by him contrary to the instructions already issued by the managing committee authorising the office bearers and general secretary of Indian Red Cross Society, Tamilnadu branch for the operation of the bank account in any manner whatsoever;
(c) directing the defendant to pay the cost of this suit.
For Plaintiffs : Mr. M.Naraayanaswamy
For 1st Defendant : Mr. Adeesh Anto
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JUDGMENT
Memo has been filed by the learned counsel for the plaintiffs that the relief
sought in the suit is no longer available. In the memo, it is stated as follows:-
"It is humbly sub mitted that in pursuanc e of the orders of
this Hon'ble Court dated 22.12.2017 the election the office bearer s
of Managing Com mitte e of Indian Red Cros s Society, Tamil Nadu
Branch has been conducte d and the elected office bearer s have
taken charge. In view of the sam e the relief sought for in the suit is
no longer available and has beco m e infructuou s.
The abov e Mem o may be record e d and the suit may be
dismis s e d as withdrawn since the relief sought for the suit has
beco m e infructuous."
2. Recording the same, the suit is dismissed as infructuous. No costs.
All connected applications are closed.
vsg/mm
18.01.2018
(2/2)
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C.V.KARTHIKEYAN, J.
vsg /mm
C.S.No. 539 of 201 7
A.No. 774 4 of 201 7
O.A.Nos. 686 & 687 of 201 7
A.No. 481 6 of 201 7
A.Nos. 618 7 & 618 8 of 201 7
18.0 1.2 0 1 8
(2/2)
Harish L. Metha
Dr. D. Vadivel Mugundhan
Bank of Baroda
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
