The Association Of Surgeons v. Dr. Ramkumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.11.2015
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MRS. JUSTICE PUSHPA SATHYANARAYANA O.S.A.No.245 of 2015 1.The Association of Surgeons of India, rep. by its Hon. President, 21, Swamy Sivananda Salai, Chepauk, Chennai-600005.
2.Dr.Santhosh John Abraham, The Association of Surgeons of India, rep. by its Hon. President, 21, Swamy Sivananda Salai, Chepauk, Chennai-600005.
3.Dr.Krishna Chandra Dewani, The Association of Surgeons of India, rep. by its Hon. President, 21, Swamy Sivananda Salai, Chepauk, Chennai-600005.
4.Dr.Chaitanya Prakash Kothari, The Association of Surgeons of India, rep. by its Hon. President, 21, Swamy Sivananda Salai, Chepauk, Chennai-600005.
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Appellants vs 1.Dr.Ramkumar 2.Dr.Suresh Vashishta 3.The District Registrar (Registration of Societies). Chennai Central, No.182, Bharati Salai, Chennai-600 104.
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Respondents Appeal filed under Clause 15 of the Letters Patent read with Order XXXVI, Rule 9 of Original Side Rules against the order made in Original Application No.1073 of 2015 in C.S.No.805 of 2015, dated 17.11.2015.
For Appellants .. Mr.P.S.Raman Sc Mr.V.Sankaranarayanan For Respondents.. Mr.Kuberan for M/s.Rank Associates for R1 Ms.P.T.Asha for M/s.Saravabhauman Associates for R2 Mr.STS.Moorthy Government Pleader assisted by Mr.V.Shanmugasundar Govt. Advocate for R3
JUDGMENT
(Judgment of the Court was delivered by The Hon'ble Chief Justice) We have heard the learned counsel for parties.
2. In view of our order suspending the ad-interim injunction dated 17.11.2015 passed by the learned Single Judge, the election process has been completed and the results declared. No final view has been taken by the learned Single Judge. The failure of the appellants to file the reply to the interim application has resulted in the impugned order, which has now been made available to us.
3. In view of the given factual situation, we are of the view that the interim application can be decided by the learned Single Judge on merits, as the reason for grant of the interim order by him was predicated largely on there being no response of the appellants to the interim application.
4. The appeal has really become an academic exercise and accordingly, disposed of with a direction that the learned Single Judge may hear the interim application on merits. No costs.
Sd/- Assistant Registrar(CO) True Copy Sub Assistant Registrar
Copy to:
The Sub Assistant Registrar Original Side, Madras High Court, Chennai.
(for posting before court) +1cc to Mr.V.SankaraNarayanan, Advocate Sr.65100 O.S.A.No.245 of 2015 pur[co] srg 11/12/2015