Madras High CourtCS/287/2020withdrawn dismissed

J.P.Gnanaprakasam v. Advent Christian Conference Of India

2022-02-10Honourable Mr Justice P. Velmurugan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 10th DAY OF FEBRUARY 2022 THE HON'BLE MR. JUSTICE P.VELMURUGAN C.S. No.287 of 2020 and O.A. No.542 of 2020 and A.Nos.2245 and 3333 of 2021 C.S. No.287 of 2020

1. J.P.Gnanaprakasam, S/o.Paul, No.93, Mamuthi Amman Koil Street, Noothencheri, Madampakkam Post, Chennai- 126

2. Rev.S.Stephenson, S/o.K.Selvaraj, No.1/59, Arivalayam Street, Venghaivasal, Chennai -126 ... Plaintiffs/Applicants -Versus1. Advent Christian Conference of India, No.163, AAM Compound, Gandhi Road, Velachery, Chennai-600 042

2. Rev.Dr.Baktasingh, Advent Christian Conference of India, No.163, AAM Compound, Gandhi Road, Velachery, Chennai-600 042 ... Respondents/Defendants

Civil Suit praying that this Hon'ble Court be pleased to pass a decree and judgment:

(i) To declare the notice dated 26.09.2020 issued by the 2nd defendant for conducting the general body to be held on 31.10.2020 at Advent Christian Mahasabha Office Building, Captain James Spence Hall, Velachery, Chennai as illegal and null and void, (ii) for a permanent injunction, restraining the 2nd defendant from interfering in any manner with the 2nd plaintiff discharging official functions as Treasurer of the 1st defendant.

(iii) for a permanent injunction restraining the 2nd defendant from conducting General Body Meeting to be held on 31.10.2020 at, Advent Christian Mahasabha Office Building Captain James Spence Hall, Velachery, Chennai or at any other place and on subsequent date. iv) for costs of the suit.

O.A. No.542 of 2020:

Original Application praying that this Hon'ble Court be pleased to grant interim injunction restraining the respondents from conducting the proposed annual general body meeting to be held on 31.10.2020 at Advent Christian Maha Sabha Office Building, Captain Jones Spence Hall,

Velachery, Chennai - 600 042 or at any other place and any similar meeting on subsequent dates pending disposal of the above suit. A.No.2245 of 2021:-

1. J.P.Gnanaprakasam, S/o.Paul, No.93, Mamuthi Amman Koil Street, Noothencheri, Madampakkam Post, Chennai- 126

2. Rev.Dr.Baktasingh, Advent Christian Conference of India, No.163, AAM Compound, Gandhi Road, Velachery, Chennai-600 042 ... Respondents/Defendants

3. Faith and Order Committee Rep.by its Chairman Mr.P.Paul Victor Jones Advent Christian conference of India No.163, AAM compound, Gandhi Road, Velacherry, Chennai 600 042.

...Respondent/Proposed Defendant

Application praying that this Hon'ble Court be pleased to grant an order of impleading the proposed defendant in the Civil Suit in C.S.No.287

of 2020 pending before this Hon'ble Court as one of the defendants. A.No.3333 of 2021:- 1.Mr.S.Victor Ilango, S/o Sarangan, Secretary in Charge, M/s Advent Christian Conference of India, No.163, A.A.M.Compound, Gandhi Salai Velachery, Chennai 600 042.

... Applicant/Proposed Defendant .Vs.

1.J.P.Gnanaprakasam, S/o Paul, No.93, Mamuthi Amman Koil St, Noothencherry, Madambakkam Post, Chennai - 600 126.

2.Rev.S.Stephenson, S/o Selvaraj, No.1/59, Arivalayam Street, Vengaivasal, Chennai 600 126.

... Respondents/Plaintiffs 3.Advent Christian Conference of India, No.163, AAM Compound, Gandhi Road, Velachery, Chennai 600 042.

4.Rev.Dr.Baktasingh, Advent Christian Conference of India, No.163, AAM Compound, Gandhi Road, Velacherry, Chennai 600 042.

... Respondents/Defendants Application praying that this Hon'ble Court be pleased to grant an order of impleading the applicant as one of the defendants in the Civil Suit in C.S.No.287 of 2020 pending before this Hon'ble Court.

This Suit along with these Applications and C.S.No.360 of 2020 coming on this day before this court for hearing in the presence of Mr.P.Malaravan for M/s R.Sreedhar, Advocates for the Plaintiffs in C.S.No.287 of 2020 and for the applicants in O.A.No.542 of 2020 and A.No.2245 of 2021 and for the respondent 1 and 2 in A.No.3333 of 2021 and Mr.Stalin Abhimanyu, Advocate for the Applicant in A.No.3333 of 2021, and Ms.Dakshayani Reddy, Advocate for the defendants in C.S.No.287 of 2020 and for the respondents in O.A.No.542 of 2020, and for the respondents 1 and 2 in A.No.2245 of 2021, and for the respondents 3 and 4 in A.No.3333 of 2021, and the learned counsel appearing for the Plaintiffs, having made an endorsement on the plaint stating that "May be permitted to withdraw the Civil Suit No.287 of 2020, and this court doth recording the same, to that effect, it is ordered as follows:- That the suit in C.S.No.287 of 2020 be and is hereby dismissed as withdrawn.

2. That the connected Original Application No.542 of 2020 and the application Nos.2245 and 3333 of 2021 do stand closed.

3. That there shall be no costs of this suit. WITNESS THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 10th DAY OF FEBRUARY 2022. Sd/- ASSISTANT REGISTRAR (O.S.I) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

MU 15.03.2022 C.S. No.287 of 2020 and O.A. No.542 of 2020 and A.Nos.2245 and 3333 of 2021

ORDER

DATED : 10.02.2022 THE HON'BLE MR.JUSTICE P.VELMURUGAN FOR APPROVAL: 15.03.2022 APPROVED ON: 21.03.2022