State Banks Staff Union v. S.S.Kowshik

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.06.2023

CORAM

MR.JUSTICE N.SESHASAYEE 1.State Bank's Staff Union Rep. by its General Secretary, Functioning at 84, Rajaji Salai, Chennai-600 001.

2.State Bank's Staff Union, Rep. by its President, Functioning at 84, Rajaji Salai, Chennai 600 001.

3.State Bank's Staff Union, Rep. by its Deputy General Secretary, Functioning at Coimbatore Sub Office, Kurunji Complex, Coimbatore-18.

... Petitioners Vs.

S.S.Kowshik ... Respondent Prayer: Petition filed under Article 227 of the Constitution of India, seeking to set aside the fair and decreetal order dated 23.10.2018 passed in I.A.No.270 of 2017 in O.S.No.1619 of 2016 on the file of the Principal District Munsif, Coimbatore.

For Petitioners : Mr.Baskaran T.S For Respondent : Mr.N.Ponraj

ORDER

The defendants are the revision petitioners herein, who challenge the suit filed by one of its erstwhile member who had instituted the suit challenging the notification for holding General Body Meeting of the Association on 12.06.2016.

2. Learned counsel for the revision petitioners submitted that prior to the notification, the plaintiff was removed from his membership and the resolution removing him was not challenged by him so far. It is in this circumstances, the defendants took out an application under Order VII Rule 11(a) C.P.C., on the ground that not only the plaint does not disclose the cause of action but also the plaintiff lacks locus standi to institute the suit. This was dismissed, and hence this revision.

2.1 The learned counsel submitted that it is seven years since the

notification calling for General Body was published and the suit has become infructuous for all practical purposes.

3. Heard both sides.

4.In view of the subsequent developments, the suit has become infructuous and hence, nothing survives for consideration in this revision. 5.This Civil Revision Petition stands closed accordingly. No Costs. Consequently, the connected miscellaneous petition is also closed. 15.06.2023 Anu Index : yes / no Internet : yes / no Speaking / non speaking Copy to:

The Principal District Munsif, Coimbatore N.SESHASAYEE

Anu 15.06.2023