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Madras High CourtCONT P/1722/2018closed

S.Gaurishankar Yadav, v. All India Yadav Mahasabha,

2021-03-17Honourable Mr Justice P. N. Prakash,Honourable Mr Justice V.Sivagnanam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 22.02.2021 PRONOUNCED ON : 17.03.2021

CORAM

THE HON'BLE MR. JUSTICE P.N.PRAKASH AND THE HON'BLE MR. JUSTICE V.SIVAGNANAM S.Gaurishankar Yadav ... Petitioner Vs.

1.All India Yadav Mahasabha, Rep. by its President Dr.Udai Pratap Singh Yadav Sri Krishna Bhawan Sector-IV, Vaishali Ghaziabad- 201 011.

2.Dr.Udai Pratap Singh Yadav President- AIYMS Executive Chairman- Hindi Sansthan No-6, Mahatma Gandhi Road, Hazratganj, Lucknow- 226 001.

3.Sathyaprakash Singh Yadav Secretary General- AIYMS No-4/4-A, Asaf Ali Road New Delhi- 110 002.

4.L.Nandagopal Yadav Vice-President- AIYMS No-12/25, Temple Road, Medavakkam Tank Colony, Kilpauk, Chennai- 600 010 1/5

5.A.Radhakrishnan C/O. Padma Subramaniam Bala Bhavan Mat. Hr. Sec. School No-13, Bagavathy Road, Sri Chakra Nagar, Mangadu, Chennai- 600 122.

6. K.Neelamurali Yadav C/O. Chennai Digital Print No-1, 3rd Floor Triplicane High Rd, Triplicane, Chennai- 600 005.

7. V.Muruganandam NO-Y-2, F-5, S.A.F., Games Village, Koyambedu, Chennai- 600 107

8. E.Venkataraman Yadav C/o. Sri Maruthi Real Estate, No-178, Leelavathi Nagar, Kundrathur Main Road, Chikkarayapiram, Chennai- 600 069.

9. MNJ Sugumaran NO-1, Saraswathi Nagar, Konrajankuppam, Ayanambakkam Post, Chennai-602 102.

10.Dinesh Yadav, NO 2/51, Gandhi Nagar, Jaipur, Rajasthan- 302 015 11.R.Rajesh New No-23/1, Old No. 3, 4, 5, Dr.Ambadkar Street, Salaigram, Chennai- 600 093.

12. S.Sundravarthanam-Librarian, Natesan Institute of Co-Operative Management, 2/5

Shanthi Colony, Anna Nagar West, Anna Nagar, Chennai- 600 040.

13.K.Ganesa Kannan S/O Krishnan, Krishna International School, ECR, Devipattinam, Ramanathapuram- 623 514.

14. M.P.Gunasekar No- 8/654, 1st Main Road(Arikarai Street) CBI Colony, Medavakkam - Pin Code 600 100.

... Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents for their wilful disobedience and non compliance of the orders of the VIII Assistant City Civil Court, Chennai, dated 21.09.2017, passed in I.A.Nos.1583 & 1584 of 2017 in O.S.No.564 of 2017.

For Petitioner :Mr.G.Sathish Kumar for M/s GSK Law firm For Respondents :Mr.J.Thomas Saram Singh, for M/s Gnanadesikan Law Asso.

for R1, R2, R3 and R9 to R14 Mr.L.Nandagopal Yadav Party in Person for R4 Mr.Jaganathan for R8

O R D E R

V.SIVAGNANAM, J., This Contempt Petition has been filed to punish the respondents for their wilful disobedience and noncompliance of the orders dated 21.09.2017 passed by the VIII Assistant Judge, City Civil Court, Chennai, in I.A.Nos.1583 and 1584 of 2017 in O.S.No.564 of 2017. 3/5

2.The petitioner is the plaintiff in O.S.No.564 of 2017 on the file of the City Civil Court, Chennai (hereinafter referred to as "the trial Court"). The respondents are the defendants in the said suit. 3.In the suit, the petitioner filed petitions in I.A.Nos.1583 and 1584 of 2017 with a prayer to grant ad-interim injunction restraining the respondents/defendants, their men, agents, servants or anyone from conducting any illegal function/meeting on 04.02.2017 and 05.02.2017 or any other date, to be held at Ramanathapuram in the name of AIYMS or AIYYMS - Tamil Nadu State or any other State and convening a meeting, publishing, circulating any news on behalf of the office bearers or acting as a office bearers of AIYMS. Both the applications were allowed by the trial Court by order dated 21.09.2017. Alleging that the respondents have violated the injunction order granted by the trial Court, the petitioner had filed this Contempt Petition.

4.This Court, after hearing the parties, passed the following order on 20.02.2020:- "After hearing the parties, this Court directs the respondents 5 to 14, to file an affidavit that they will regret for what has been done by them either intentionally or unintentionally, they will not indulge this kind of activity in future and they will not claim themselves as office bearers of the All India Yadav Mahasabha, Tamil Nadu." 4/5

5.In compliance with the aforesaid direction of this Court, the respondents 5 to 9 and 11 to 14 have filed their individual affidavit and regretted noncompliance of the injunction order and undertook that they will not indulge in such kind of activity in future. 6.The affidavits filed by the respondents 5 to 9 and 11 to 14 stand accepted and accordingly, the Contempt Petition is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) jer //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

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