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2021 Supreme(Mad) 2225

V.PARTHIBAN
Babu Daniel – Appellant
Versus
Madras Medical Mission, Rep. by its Honorary Secretary, Mogappair East, Chennai – Respondent


Advocate Appeared:
For the Appellant :Thomas T. Jacob for M/s. Stella Manoharan, Advocate.
For the Respondents:Silambanan, Hallel Ben, P.S. Raman, Senior Counsel, Hari Radhakrishnan, Advocates.

JUDGMENT :

(Prayer: Judge's Summons under Order XIV Rule 8 of the Original Side Rules read with Order XXXIX Rules 1 and 2 of the Civil Procedure Code, 1908, and Original Application (O.A). No.251 of 2021 (in Civil Suit (C.S).No.159 of 2021), filed praying to grant interim injunction restraining the third respondent/third defendant from conducting the EGM on 23.04.2021 between 4 to 5 p.m. through video-conferencing, pending disposal of the suit.)

The applicant herein is the plaintiff in the suit in C.S.No.159 of 2021. The respondents are the defendants in the said suit.

2. The abovesaid suit has been field for the following reliefs:

    (i) for declaration that the notice, dated 29.03.2021 (wrongly typed as 29.04.2021) issued by the third defendant calling for an EGM to be held on 23.04.2021 between 4 am and 5 p.m. through video-conferencing as null and void; and

(ii) for awarding costs of the suit.

3. Since the issue involved in this application relates to conduct of the EGM on 23.04.2021, the other issues are not dealt with herein.

4. The brief facts which gave rise to the filing of the present application and the suit, are as follows:

    (a) The applicant herein claims to be a life member of t

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