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2020 Supreme(Mad) 1229

VINEET KOTHARI, M.S.RAMESH
Cherian Abraham – Appellant
Versus
Babu Daniel – Respondent


Advocates Appeared:
For the Appellant : P.S. Raman, Sr. Counsel
For the Respondent:Thomas Jacob, Stella Manoharan, Silambanan, Sr. Counsel, V. Hallel Ben, Advocates.

JUDGMENT :

M.S. Ramesh, J.

(Prayer: Original Side Appeal filed under Order XXXVI Rule 1 of the Original Side Rules r/w. Clause 15 of the Letters Patent, praying to set aside the order dated 06.09.2019 in O.A.No.816 of 2019 in C.S.No.523 of 2019 and allow the appeal.)

1. Dr.Cherian Abraham, the third defendant/respondent in the suit and application for interim injunction, is the appellant in this appeal. The Madras Medical Mission/second respondent is a society registered under the Societies Registration Act, 1860. Mr.Babu Daniel, who is the plaintiff/applicant had filed the Civil Suit in C.S.No.523 of 2019, praying for a declaration to declare the notice dated 17.08.2019 issued by Dr.Cherian Abraham, calling for an Extra-ordinary General Body Meeting (EGM) to be held on 08.09.2019 at 7.00 p.m., at Hotel Radisson Blue, Chennai, as illegal, null and void. Pending the suit, his application seeking for an interim injunction restraining Dr.Cherian Abraham from conducting the EGM on 08.09.2019, came to be ordered as prayed for on 06.09.2019 by a learned Single Judge of this Court. The order of interim injunction is assailed in the present appeal.

2.1. As per the averments in the plaint, the

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