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Madras High CourtCRP/1794/2019disposed of

Lion Sankaranarayanan v. Lion R.Sampath

2019-06-07Honourable Mr Justice M. Govindaraj5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.06.2019

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ CRP(PD) No.1794 of 2019 & CMP.No.11758 of 2019 Lion Sankaranarayanan .. Petitioner -vs1. Lion R. Sampath

2. Lions Club International District MD-324 represented by its Multiple Council Chairman (2016-2017) Lion. G.M. Balaji Rathnam, No.242, Kilpauk Garden Road, Kilpauk, Chennai 600 010.

3. Lions Club International represented herein by its General counsel Ms.Amy Pena 300, W 22nd Street, Oak Brook, Illinois 60523-8842 United States of America.

4. Lions Club International ISAAME Secretariat, represented herein by its South Asian Secretariat, represented by its Secretary No.C-604, Trade Star, Andheri Kurla Road, Andheri-E, Mumbai 400 059 .. Respondents Prayer: Civil Revision Petition under Article 227 of Constitution of India praying to set aside the order passed in I.A.No.2 of 2019 in O.S.No.2949 of 2019 dated 30.04.2019 by learned XVII Assistant Judge, City Civil Court, Chennai. For Petitioner : Mr. P.V.Sanjeev For Respondents : Mr. K.V. Babu for R2

ORDER

The present Civil Revision Petition is filed against the order refusing to grant interim injunction in I.A.No.2 of 2019 in O.S.No.2949 of 2019 filed by the petitioner/plaintiff. 2.Heard Mr.P.V.Sanjeev, learned counsel appearing for the petitioner and Mr.K.V.Babu, learned counsel enters appearance for 2nd respondent.

3. Normally, this Court does not interfere in the discretionary relief granted by the trial Court unless it is patently illegal or erroneous.

4. In the present case, I do not find any patent illegality and therefore, I am not inclined to interfere with the order passed by the trial court. However, the learned counsel for the petitioner would submit that he would be satisfied if the interim application is disposed of by the trial Court within a period of one month.

5. Considering the submissions, a direction is issued to the trial court to dispose of the injunction application in I.A.No.2 of 2019 filed by the petitioner/plaintiff within a period of three weeks.

6. At the same time, it is informed by the learned counsel for the 2nd respondent that they have filed an application to reject the plaint under Order 7, Rule 11 CPC and the same is also pending in I.A.No.3 of 2019 before the same Court.

7.Therefore, a further direction is issued to the trial court to dispose of the application to reject the plaint and if it is held that the suit is maintainable, the trial court is directed to dispose of the injunction application also within the time limit given by this court preferably on or before 28.6.2019.

8. The Civil Revision Petition is disposed of with the above direction. No costs. Consequently, connected CMP.No.11758 of 2019 is closed.

07.06.2019 msr Index:Yes/No Internet:Yes/No speaking order/non speaking order.

Note: Issue copy on 10.06.2019 To The XVII Assistant Judge, City Civil Court, Chennai.

M.GOVINDARAJ, J.

msr CRP(PD) No.1794 of 2019 & CMP.No.11758 of 2019 07.06.2019