JUDGMENT

Mukta Gupta, J. - I.A.11814/2020 (under Order XXXIX Rule 1 and 2 CPC)

1. The present suit has been filed by five plaintiffs namely Dr.P.V.Vijayaraghavan, Dr.Manish Dhawan, Dr.Swarnendu Samanta, Dr.Sandeep S.Adke and IOACON Patna 2023 (Bihar Orthopaedic Association) impleading Nityam Software Solution Pvt. Ltd. (in short 'Nityam'), EVote Technologies Pvt. Ltd. (in short 'EVote'), Dr.Ramesh Kumar Sen, Dr.Atul Srivastava, Dr.Naveen Thakkar, IOACON Lucknow 2020 (UP Orthopaedic Association), Indian Orthopaedic Association, through its President Dr.R.C. Meena and Dr.Atul Bahadur Singh, Chairman, Legal and Grievance Committee, Indian Orthopaedic Association as defendant Nos.1 to 8 respectively.

2. The prayers sought in the suit are a decree of declaration declaring the entire process of election of IOA and its purported result declared on 22nd November, 2020 by Dr.Ramesh Kumar Sen a nullity being illegal/malafide and not conducted in accordance with the constitution of IOA and the Executive Committee meeting held on 19th July, 2020; a decree of permanent injunction restraining the defendant Nos.1 to 6 permanently in any manner acting upon the outcome of election held between 1st No