Saraswathy Sadasivan v. Mrs.G.Viswanathan And 6 Others

R.PONGIAPPAN, J.

The plaintiff in C.S.No.416 of 2020 has filed this application under Order XIV rule 8 of Original Side Rules r/w Section 151 of CPC, seeking the relief to grant an order of stay of all resolutions passed in the General Body Meeting dated 31.12.2020, pending disposal of the suit.

2. This Court immediately after numbering the suit ordered to issue notice to the respondents 1 and 2 and 7. By complying with the order passed by this Court, the plaintiff/applicant, had taken notice and all the respondents have been served with notice.

3. After receiving the notice till now, none of the respondents have appeared before this Court either in person or through their counsel. Therefore, their names are printed in today's cause list.

4. In the said circumstances, on going through the affidavit filed by the applicant in support of the application, she has specifically stated that the resolution dated 31.12.2020 has been passed by the

scheduled General Body Meeting without full coram. Further, after changing the agenda, the same has been conducted.

5. The specific contention raised by the learned counsel appearing for the applicant is that the persons, who are not the members of the 6th respondent society, have participated and only on account of the the same, the resolution has been passed.

6. Now, on considering the said submission with relevant records, if really the respondents are aggrieved over this application, they have to enter appearance and raise their objection. But herein it is the case as already stated, none of the respondents have appeared. Therefore, all the respondents are set exparte. Application in A.No.354 of 2021 is allowed and there shall be an order of stay, as prayed for.

7. For further proceedings, list the suit on 29.03.2021 22.02.2021 ars Note to office:

Issue order copy by 24.02.2021

R.PONGIAPPAN, J.

ars (3⁄4) 22.02.2021