2019 Supreme(Mad) 3024

IN THE HIGH COURT OF MADRAS
R. Subbiah, C. Saravanan, JJ.
Seshadri S. and Ors. – Appellants
Versus
Andhra Social & Cultural Association and Ors. – Respondents
O.S.A. Nos. 452, 476 of 2018, C.M.P. Nos. 20739, 22859 of 2018, C.M.P. Nos. 3614, 3638, 5542 and 12352 of 2019
Decided On : 04-10-2019

Headnote:

Tamil Nadu Societies Registration Act, 1975 – Sake of clarity court – For the sake of brevity – For a permanent injunction restraining the defendant – For a declaration declaring – Calling for convening – Since some of the parties to the suits/appeals are common but their ranks differ in the suits and in these appeals, for the sake of clarity court shall be referring to their names to avoid confusion – All the above mentioned three suits were filed by the members the Andhra Social and Cultural Association – Andhra Social and Cultural Association is a society registered under the provisions of the Tamil Nadu Societies Registration Act, 1975 – For the sake of brevity, Andhra Social and Cultural Association shall be referred to as "Association/Club" interchangeably – Said Association runs a cultural club in the city of Chennai for its members sharing common cultural and linguistic background –Held, Applications were actively supported by the appellant himself – What is complained the present appeal is the consequences flowing from the order of the learned single judge after the appellant also participated in the meeting conducted by the learned Judge Commissioner pursuant to order as modified by an order which at best may have given to a separate cause of action but not reason – Convoluted and myriad legal submissions made to assail the judgment and decree of the learned single judge do not impress us – Fact that the appeal has been filed and not before also clearly establishes that the attempt of the appellant is to dismantle and deconstruct the decision of the majority in the Extraordinary General Meeting held under the supervision of the Learned Judge Commissioner after acquiring into it – Court are therefore of the view that the present attempt of the appellant in O.S.A to scuttle the election proceedings and to prolong the litigation after the majority of the members present at the meeting held defeated the concerted effort of the appellant and some of the members of the managing committee and few others cannot be allowed – Appeals are dismissed.