Diamod Das v. Cosmo City Residents Welfare Association Ccrwa
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2022 CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA and C.M.P.No.8614 of 2022 Mr.Diamond Das S/o.Ashutosh Das ... Petitioner ..Vs..
1. Cosmo City Residents Welfare Association CCRWA Represented by the authorised person No.1/53, Dr.Abdul Kalam Road, Pudupakkam Chennai-603 103.
2. Mr.Sreenivasarao Kattaa The President B21-303, Cosmo City Residents Welfare Association CCRWA No.1/53, Dr.Abdul Kalam Road, Pudupakkam Chennai-603 103.
3. Mr.Mohanraj Murugesan The Secretary B21-303, Cosmo City Residents Welfare Association CCRWA No.1/53, Dr.Abdul Kalam Road, Pudupakkam Chennai-603 103.
Page No.1/5
4. Mr.Vijay Krishna Treasurer B21-303, Cosmo City Residents Welfare Association CCRWA No.1/53, Dr.Abdul Kalam Road, Pudupakkam Chennai-603 103.
5. The District Registrar of Societies Chengalpattu.
6. The State Bank of India Represented by its Bank Manager Padur Branch, Chengalpattu.
... Respondents Prayer :- Civil Revision Petitions filed under Article 227 of the Constitution of India, to dispose of I.A.No.11 of 2022 in O.S.No.148 of 2022 pending on the file of Principal District Judge, Chengalpattu, within a reasonable time frame.
For Petitioner :
Mr.S.T.Bharath Gowtham For Respondents :
Mr.A.R.Sakthivel
O R D E R
This Civil Revision Petition has been preferred seeking a direction to dispose of I.A.No.11 of 2022 in O.S.No.148 of 2022 pending on the file of Principal District Court, Chengalpattu, within a prescribed time limit.
Page No.2/5
2.The learned counsel for the petitioner/plaintiff submitted that during the pendency of the suit, the respondents/defendants, taking advantage of the absence of any injunction order, proceeded to give admin notice and deal with the funds of the Association and hence, a direction shall be given to the Court to dispose of the matter as early as possible.
3. Per contra, the learned counsel for the respondent submitted that the petitioner cannot file this petition without proving his local standi to maintain the petition and the representatives cannot represent the members of the Cosmo City Residents Welfare Association (C.C.R.W.A.).
4. In fact, an application in I.A.No.11 of 2022 was filed by the plaintiff as a representative of the Association for seeking interim injunction restraining the first defendant from implementing the Resolution dated 12.12.2021, which is still pending. Without clearing Page No.3/5
this preliminary objections as to the locus standi, no direction can be issued to the learned trial Judge to dispose the matter within a fixed time frame. However, it will be appreciable, if the learned trial Judge bestows his best interest to dispose of I.A.No.11 of 2022 at the earliest.
4. Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 28.06.2022 Index:Yes No Speaking Order:Yes/No ms To 1.The Principal District Court, Chengalpattu.
2.The District Registrar of Societies Chengalpattu.
Page No.4/5
R.N.MANJULA, J.
ms 28.06.2022 Page No.5/5