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2022 Supreme(Ker) 315

P. B. SURESH KUMAR, C. S. SUDHA
S. N. D. P. Yogum A Public Limited Company, Rep. by its Principal Officer, Namely the General Secretary, V. K. Natesan, S/o. Kesavan – Appellant
Versus
G. Krishnamoorthy (Died), S/o. Gopalan – Respondent


Advocates Appeared:
For the Appellant : Sri. A.N. Rajan Babu, Sri. A.R. Easwar Lal, Sri. P. Gopalakrishnan, Sri. A.K. Gopi.
For the Respondents: Sri. V.R. Kesava Kaimal, Sri. Enoch David Simon Joel, Sri. M.G. Karthikeyan, Sri. T.I. Abdul Salam, Sri. P.B. Krishnan, Sri. P.B. Subramanyan, Sri. Sabu George, Smt. B. Anusree, Sri. Manu Vyasan Peter, Sri. K. Jagadeeschandran Nair, Smt. Meera P., Sri. J. Krishnakumar.

JUDGMENT :

P.B. Suresh Kumar, J.

The above appeal and cross objection are directed against the judgment and decree dated 08.04.2009 in O.S.No.45 of 1999 on the files of the Court of the District Judge, Ernakulam. Defendants 1 and 2 are the appellants in the appeal and plaintiffs 5 and 6 are the objectors in the cross objection.

2. The suit was one instituted in a representative capacity with the leave of the court under Section 92 of the Code of Civil Procedure (the Code) for removal of defendants 2 to 16 from the administration of Aruvippuram Sree Narayana Dharma Paripalana Yogam (the Yogam) and for framing of a scheme for its administration.

3. The plaintiffs are members of the Yogam. The first defendant is the Yogam itself and defendants 2 to 16 are the members of the Council of the Yogam on whom the administration of the Yogam vests in terms of the Articles of Association of the Yogam. The Yogam was registered as a public limited company under the Indian Companies Act, 1882, as applied to the erstwhile Travancore, without the addition of the word “Limited” to its name. Going by the objects of the Yogam as disclosed in its Memorandum of Association, it is a body constituted for carr

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