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2005 Supreme(Mad) 591

P.SATHASIVAM, S.K.KRISHNAN
Mazdoor Welfare Trust & Another – Appellant
Versus
The Southern Railway Mazdoor Union & Others – Respondent


Advocates Appeared: For The Appellants :T.V. Ramanujam, Senior counsel for T.V. Krishnamachari. For The Respondents:R1 to R3, R. Krishnamurthy, Senior counsel for A. Jinasenan, R6, R. Krishnasamy, Senior counsel for C. Ramesh, R5, M. Balasubramanian, Advocates, R4 & R7, No appearance.

Judgment :-

P. Sathasivam, J.

The above Original Side Appeals have been filed against common order dated 24-2-2005 made in Application Nos.1223/2004; 1224/2004; 779/2004; and 780/2004 respectively in C.S.No.160/2004 on the file of Single Judge of this Court. By the said order, the learned Single Judge held that Leave under Section 92 of the Code of Civil Procedure was properly granted in favour of the plaintiffs to file a suit in respect of affairs of Mazdoor Welfare Trust on the file of Original Side of this Court and also confirmed the Leave granted under Clause 12 of the Letters Patent. He also dismissed the Applications to revoke the leave granted.

2. Heard Mr. T.V. Ramanujam, learned senior counsel for the appellants; Mr. R. Krishnamoorthy, learned senior counsel for respondents 1 to 3; M. Balasubramanian, learned counsel for fifth respondent; and Mr. R. Krishnasamy, learned senior counsel for sixth respondent.

3. The Southern Railway Mazdoor Union represented through its General Secretary N. Kanniah and two others namely A. Rajah Sridhar and P. Kumaresan, who are President and Assistant General Secretary of the first plaintiff Union filed Civil Suit viz., C.S.No. 160 of 2004 aga









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