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1993 Supreme(Kar) 309

K.S.BHATT
KARNATAKA BANK LTD – Appellant
Versus
T. GOPALAKRISHNA RAO – Respondent


Advocates:
B.L.ACHARYA, B.V.ACHARYA RAO, K.SUBBA RAO

K. S. BHATT, J.

( 1 ) REJECTION of an application to reject the plaint under Order vii, Rule 11 of the Code of Civil Procedure is challenged by the defendant in "civil Revision Petition No. 1053 of 1993. The defendant is a Bank in the private sector. Plaintiff (respondent) is a General Manager in the said Bank. Plaint alleges that the plaintiff received a memo dated 3-3-1993 informing him that the board of Directors by its resolution No. 63 dated 2-3-1993 had resolved to suspend him on the ground of insubordination and therefore pending disposal of the domestic enquiry into the charge-sheet dated 8-1-1993 he was to be kept under suspension. This resolution is attacked as vitiated by mala fides, arbitrariness and lack of competence. The reliefs sought for in the suit read as follows:-" (A)FOR a declaration that the resolution No. 63 passed by the Board of the defendant Bank suspending the plaintiff with mala fide intention and motivated and hence it is null and void and illegal and consequently for a permanent injunction restraining the Bank from acting upon the said resolution. (B) For a declaration that the disciplinary enquiry now pending against the plaintiff on charge of bigamy












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