HIGH COURT OF JUDICATURE AT MADRAS
MR. TIM BOYD – Appellant
Versus
MR. KESIRAJU KRISHNA PHANI – Respondent
A 317/2015
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.07.2015
(Orders reserved on 29.06.2015)
CORAM:
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU
Application No.317 of 2015
in
C.S.No.682 of 2014
Mr.Tim Boyd,
International President,
C/o The Theosophical Society,
Having its office at the Headquarters
at Adyar, Chennai-600 020.
.. Applicant/Tenth defendant
Vs.
1. Mr.Kesiraju Krishna Phani
2. Mr.karri Sita Rama Chandra Rao
.. Respondents 1 and 2/plaintiffs
3. The Theosophical Society,
A Society registered under the
T.N. Societies Registration Act, 1975,
Represented by its Secretary,
Having its office at the Headquarters
at Adyar, Chennai-600 020.
4. The Indian Section,
The Theosophical Society,
Represented by its General Secretary,
A constituent part of the Theosophical Society,
Adyar, Chennai-600 020.
5. Dr.Chittaranjan Sathapathy,
Secretary,
Member-Election Committee (Presidential Election 2013-14),
The Theosophical Society,
Adyar, Chennai-600 020.
6. Mr.T.S.Jambunathan,
Teasurer,
Member-Election Committee (Presidential Election 2013-14),
The Theosophical Society,
Adyar, Chennai-600 020.
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7. Mr.S.Harihara Raghavan,
General Manager, The Theosophical Society,
Member-Election Committee (Presidential Election 2013-14),
The Theosophical Society,
Adyar, Chennai-600 020.
8. Mr.S.Sundaram,
The General Secretary, Indian Section,
A constituent part of The Theosophical Society,
Adyar, Chennai-600 020.
9. Mr.P.K.Mahapatra,
Assistant General Secretary, Indian Section,
A constituent part of The Theosophical Society,
Adyar, Chennai-600 020.
10. Karnataka Theosophical Federation of
the Indian Section,
Represented by its Secretary Ms.Parvathamma,
A constituent part of The Theosophical Society,
No.90, Krishnarajendra Road,
Basavangudi, Bangalore.
11. Mr.S.M.Umakanth Rao,
Executive Committee Member,
Indian Section,
A constituent part of the Theosophical Society,
Adyar, Chennai-600 020.
12. Mr.C.V.K.Maithreya,
13. Ms.Manju Sundaram,
Scrutineer, Presidential Election 2014,
Indian Section,
A constituent part of The Theosophical Society,
Adyar, Chennai-600 020.
.. Respondents 3 to 13/defendants 1 to 9, 11 and 12
Application is filed and the Judge's Summons issued
under Order 14 Rule 8 of the Original Side Rules of this
Court, read with Order 7 Rule 11 CPC, to reject the plaint
filed by the first and second respondents in C.S.No.682 of
2014 on the file of this Court and consequently dismiss the
said Civil Suit against the defendant-10.
Civil Suit No.682 of 2014 is numbered and the plaint
is filed under Order 4 Rule 1 of the Original Side Rules of
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this Court, read with Order 7 Rule 1 CPC, praying to pass
a judgment and decree against the defendants:
(a) for a declaration to declare that the election of
the tenth defendant, viz., Mr.Tim Boyd as elected President
of the first defendant - The Theosophical Society for a
period of seven years, as per communication dated
27.04.2014, is vitiated by irregularities, mal-practices,
null and void and non-est in law and set aside the same;
(b) for consequential mandatory injunction directing
the first defendant to recognise and declare the eleventh
defendant Mr.C.V.K.Maithreya as duly and legally elected
President of the first defendant-Society, by effecting
proper announcement and declarations to the organisational
set up of the first and second defendants; or
(c) alternatively and consequently give suitable
direction to the first defendant to conduct fresh
elections, in the post-nomination stage, to the post of
President of the first defendant-Society, as per the
provisions of the Tamil Nadu Societies Registration
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