CMA Nos.2520 and 2521 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 30.01.2023

PRONOUNCED ON : 10.04.2023

CORAM

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

CMA Nos.2520 and 2521 of 2022

and

CMP Nos.19601, 19602, 19604 &19605 of 2022

1. The Chairman,

The Committee of Management,

Madras Race Club,

Guindy, Chennai – 600 010.

2. The Secretary,

Madras Race Club,

Guindy, Chennai – 600 032.

.. Appellants/Defendants

in both cases.

Vs.

K.Kaliyaperumal

.. Respondent/Plaintiff

in both cases

PRAYER in CMA No.2520 of 2022: This Civil Miscellaneous Appeal is filed

under Order XLIII Rule (v) of Code of Civil Procedure, against the fair and

decreetal order passed on 26.10.2022 in I.A.No.2 of 2022 in O.S.No.5031 of

2022, pending on the file of the learned Principal Judge, City Civil Court,

Chennai.

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CMA Nos.2520 and 2521 of 2022

PRAYER in CMA No.2521 of 2022: This Civil Miscellaneous Appeal is filed

under Order XLIII Rule (v) of Code of Civil Procedure, against the fair and

decreetal order passed on 26.10.2022 in I.A.No.3 of 2022 in O.S.No.5031 of

2022, pending on the file of the learned Principal Judge, City Civil Court,

Chennai.

For Appellants

: Mr. P.H.Aravind Pandian, Sr. Counsel

in both CMAs

for Mr.T.Balaji

For Respondent

: Mr.G.Murugendran

in both CMAs

COMMON JUDGMENT

Defendants in the suit are the appellants herein, in both the Civil

Miscellaneous Appeals.

2. By consent of both parties, these Civil Miscellaneous Appeals are

taken up together, heard and disposed of by this common judgment.

3. The brief facts that are required for determination of these Civil

Miscellaneous Appeals, at this juncture, are as under:-

(i) The respondent herein had filed a suit in O.S.No.5031 of 2022

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CMA Nos.2520 and 2521 of 2022

before the learned Principal Judge, City Civil Court, Chennai, for declaration

and injunction as under:

(a) for a declaration, declaring that the Annual General Meeting

(AGM) of the members of the Madras Race Club, to be held on 11.08.2022

at 04.30 p.m at Registered Office of the Club, situated at Guindy, Chennai-

600 032 and also through Video Conferencing ('VC') facility or Other Audio

Visual Means (OAVM) or any other subsequent date, as illegal and void;

(b) for a permanent injunction restraining the defendants 1 and 2,

their men, Agencies, Servants, Staffs, Subordinate, Legal representative

assigns or anybody claiming through them, any manner, from conducting

remote e-voting to enable the members to cast their vote online from

08.08.2022 till 10.08.2022 or any other subsequent date for the post of four

Committee Members of Madras Race Club (in short 'MRC'); and

(c) for a permanent injunction restraining the defendants 1 and 2,

their men, Agencies, Servants, Staffs, Subordinate, Legal representative

assigns or anybody claiming through them, any manner, conducting the

Annual General Meeting (AGM) of the members of the Madras Race Club

on 11.08.2022 at the Club premises, and also through Video Conferencing

('VC') facility or Other Audio Visual Means (OAVM) or any other

subsequent date, as illegal and void.

(ii). In the said suit, the respondent/plaintiff has also filed respective

Interlocutory Applications seeking interim injunction restraining the

defendants from in any manner, conducting remote E-voting to enable the

members to cast their vote online on 08.08.2022 or any subsequent date for

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CMA Nos.2520 and 2521 of 2022

the post of 4 committee members and also permanent injunction in

conducting AGM through Video Conferencing or OAVM.

(iii) Records reveal that the respondent/plaintiff filed the above suit

in the month of July 2022 and an ad-interim injunction appears to have been

passed by the learned trial Judge, against which, the present appellants h