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2020 Supreme(Ker) 497

K. Manoj@Kadakampalli Manoj, S/o. Kuttappan, Kadakampallil Veedu – Appellant
Versus
Sree Narayana Dharma Paripalana Yogam, Kollam Represented By Its General Secretary, V. K. Natesan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.K.Jagadeeschandran Nair
For the Respondent: Sri.A.N.Rajan Babu

ORDER :

The plaintiffs in O.S.No.77 of 2019 of Principal Munsiff Court, Kollam in a suit for permanent prohibitory injunction are the revision petitioners. Respondents are the defendants before the court below.

2. The plaintiffs are the members of first defendant, Sree Narayana Dharma Paripalana Yogam ('Yogam' in short), represented by its General Secretary, the second defendant. Other defendants are the representatives of the constituent unions of the yogam. The prayer sought in the suit was to permanently injunct the second defendant from convening, holding and conducting annual general meeting of the first defendant proposed to be held on 15.02.2019 or any other annual general meeting, for moving the amendments proposed in the notice produced along with the plaint. Along with the suit, an interim injunction in the above terms was sought, by filing I.A.No.562 of 2019. Defendants appeared and filed objections, inter alia, contending that, being a non trading company, in the light of the bar under the Companies Act, suit was not maintainable. Repelling the above objections, interim injunction as sought was granted by the learned Munsiff. This was challenged by the defendants 1 and 2

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