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2017 Supreme(SC) 1033

ROHINTON FALI NARIMAN, SANJAY KISHAN KAUL
Terapalli Dyvasahata Kumar – Appellant
Versus
S. M. Kantha Raju (Dead) Thr. Lrs. – Respondent


Advocates Appeared:
For the Appellants :- Sridhar Potaraju, Prabhat Kumar, Ms. Ankita Sharma, Siddhartha Thalukdar, Advocates.
For the Respondents:- Y. Raja Gopala Rao, Y. Vismai Rao, K. Sharat Kumar, Ms. Savita Singh, Sibo Sankar Mishra, K. Subba Rao, Aniruddha P. Mayee, Abhay Pratap Singh, Vipin Nair, P.B. Suresh, Advocates.

JUDGMENT

R.F. Nariman, J.

The present appeal arises out of a judgment of the Andhra Pradesh High Court dated 19.09.2006, in which it has construed Section 23 of the Andhra Pradesh Societies Registration Act, 2001, as referring only to the Principal District Court of the place where the society is registered. The correctness of this judgment is assailed before us by learned counsel appearing on behalf of the appellant.

2. Sometime in June, 2004, the appellant filed a petition under Section 23 of the Andhra Pradesh Societies Registration Act, 2001 in which it asked for the following reliefs:

"(a) For a declaration that none of the respondents, their men or agents have any legal right whatsoever to call, hold or organize the annual convention of the members of CBCNC (No.16/48-49) or conduct elections for the office bearers of CBCNC (No.16/48-49) or its various boards, at any place including at Kakinada or Visakhapatnam under any notification or in pursuance of the notifications/pamphlets already passed/issued or proposed to be passed or issued either by themselves or through their nominees, privies etc;

(b) For a consequential relief for permanent injunction restraining the respondents the






































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