IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. DURAISWAMY, SUNDER MOHAN, JJ.
Thiru. K. Palaniswamy, Joint Co-Ordinator/Party Head Quarter’s Secretary, AIADMK, Chennai – Appellant
Versus
Thiru O. Panneerselvam, Co- Ordinator/Treasurer, AIADMK, Chennai & Others – Respondents
O.S.A.Nos. 227, 231 & 232 of 2022 & C.M.P. Nos. 13833, 13853 & 13855 of 2022
Decided on : 02-09-2022
| Table of Content |
|---|
| 1. overview of the original side appeals. (Para 1 , 2 , 3) |
| 2. details about the suits filed by respondents. (Para 5 , 6) |
| 3. execution of interim injunctions and related applications. (Para 9 , 10 , 11) |
| 4. plaintiff's locus standi and sufficiency of notice. (Para 12) |
JUDGMENT :
M. Duraiswamy, J.
(Prayer: O.S.A.No 227 of 2022: Original Side Appeal filed under Order XXXVI Rule 9 of Original Side Rules read with Clause 15 of Letter Patent Appeal to set aside the impugned order dated 17.08.2022 passed in O.A.No.368 of 2022 in C.S.No.118 of 2022.
O.S.A.No 231 of 2022 : Original Side Appeal filed under Order XXXVI Rule 9 of Original Side Rules read with Clause 15 of Letter Patent Appeal to set aside the impugned order dated 17.08.2022 passed in O.A.No.370 of 2022 in C.S.No.119 of 2022.
O.S.A.No 232 of 2022 : Original Side Appeal filed under Order XXXVI Rule 9 of Original Side Rules read with Clause 15 of Letter Patent Appeal to set aside the impugned order dated 17.08.2022 passed in O.A.No.379 of 2022 in C.S.No.119 of 2022.)
O.S.A.No 227 of 2022 has been filed by the 5th defendant in C.S.No.118 of 2022, challenging the fair and decreetal order passed by the learned Single Judge in O.A.No.368 of 2022 in C.S.No.118 of 2022.
2. O.S.A.No 231 of 2022 has been filed by the 4th defendant in C.S.No.119 of 2022, challenging the common order passed by the learned Single Judge in O.A.No.370 of 2022 in C.S.No.119 of 2022
3. O.S.A.No 232 of 2022 has been filed by the 4th defendant in C.S.No.119 of 2022, challenging the common order passed by the learned Single Judge in O.A.No.379 of 2022 in C.S.No.119 of 2022.
4. Since all the above Original Side Appeals are filed against the common order passed by the learned Single Judge in O.A.No.368 of 2022 in C.S.No.118 of 2022 and O.A.Nos.370 and 379 of 2022 in C.S.No.119 of 2022, by consent of all the learned Senior Counsel on either side, they are disposed of by this Common Judgment.
5. C.S.No.118 of 2022 has been filed by the 1st respondent in O.S.A.No.227 of 2022 for the following reliefs:-
b) For a Permanent Injunction restraining the Defendants from convening the General Council Meeting on 11.07.2022 or on any other date without the express authorization of both the Co-Ordinator and Joint Co-Ordinator
c) the Costs; and
d) And to pass such further or other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
6. C.S.No.119 of 2022 has been filed by the 1st respondent in O.S.A.Nos.231 and 232 of 2022 for the following reliefs:-
b) For a Permanent Injunction restraining the Defendants or any other office bearer of the Party to convene the General Council Meeting on 11.07.2022 or on any other dated without giving its Members, a 15 days- notice in advance as contemplated in the rules of the 1st defendant party
c) the costs; and
d) And to pass such further or other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
7. In C.S.No.118 of 2022, the 1st respondent in O.S.A.No.227 of 2022 filed an Application in O.A.No.368 of 2022 seeking for an order of interim injunction restraining the appellants and the respondents 2 to 6 from convening a General Council Meeting on 11.07.2022 or on any other date without the express authorization of both the Co-Ordinator and Joint Co-Ordinator of the 2nd respondent party, pending disposal of the suit.
8. In C.S.No.119 of 2022, the 1st respondent in
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