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Madras High CourtCS/114/2016withdrawn dismissed

N.Lakshmanan v. Mr Harvinder Singh

2017-03-21Honourable Mr Justice K. Kalyanasundaram4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.S.No.114 of 2016 & A.Nos.1252 & 1151 of 2016 C.S.Nos.146 of 2016 & O.A.No.186 of 2016 N.Lakshmanan ... Plaintiff in both the suits Vs

1. Mr.Harvinder Singh, General Secretary, Federation of Bank of India Officers Association C/o. Bank of India

2. Bank of India Officers' Association South Zone (Regd.No.1249/MDS) Rep. by its General Secretary.

3. B.Jayaprakash

4. V.Nageswaran

5. P.Velan

6. P.S.L.Madhavi ... Defendants in C.S.No.114 of 2016

1. Bank of India Officers' Association South Zone (Regd.No.1249/MDS) Rep. by its General Secretary.

2. B.Jayaprakash

3. V.Nageswaran

4. P.Velan

5. P.S.L.Madhavi

6. L.S.Ramachandran

7. Dr.V.Chidambara Kumar

8. R.Gopalakrishnan

9. N.Marnath 10.S.Kuppusamy 11.S.Chandrasekaran 12.A.Jegadheesan 13.S.Manivannan 14.V.Poobagan 15.N.Parthasarathy 16.Lakshmi Magesh 17.R.Raghavendran 18.P.Jayshankar 19.R.Gopikrishna 20.K.Jeyaveeran 21.A.Chandrasekar 22.C.Babu 23.T.Vinoth Kumar 24.Shanthamani 25.R.Suresh 26.M.Deepan Ghosh 27.R.Periyathambi ... Defendants in C.S.No.146 of 2016 Prayer in C.S.No.114 of 2016. Plaint is filed under Order IV Rule 1 of High Court O.S. Rules r/w. Order VII Rule 1 of CPC, praying for judgment and decree:

a) for declaration that the Election Notification of the 2nd defendant dated 05.02.2016 in Circular No.5/2016 as ultra vires and invalid. b) for declaration that the list of valid nomination issued by the defendants 3 to 6 dated 12.02.2016 as ultra vires and invalid. c) for a mandatory injunction directing the defendants 3 to 6 to issue fresh Election Notification and conduct the Election for the year 2015-2018 strictly as per the bye laws of the Association. d) for costs of the suit.

Prayer in C.S.No.146 of 2016. Plaint is filed under Order IV Rule 1 of High Court O.S. Rules r/w. Order VII Rule 1 of CPC, praying for judgment and decree:

a) for declaration that the final list of eligible candidates and the election result dated 19.02.2016 in Circular No.Election:2016:03 declaring all the candidates as unopposed as illegal, ultra vires and invalid. b) for costs of the suit.

For Plaintiff : Mr.K.Gangadaran (in both the suits) For Respondents : Mr.S.Elambharathi (in both the suits)

JUDGMENT

The learned counsel appearing for the plaintiff seeks permission of this Court to withdraw the Civil Suits and he has also made an endorsement to that effect.

2. Recording the above submission made by the learned counsel for the plaintiff and the endorsement made, the Civil Suits are dismissed as withdrawn. The plaintiff is entitled to refund of Court Fee as per law. No costs. Consequently, connected applications are closed. 21.03.2017 pvs To The Sub Assistant Registrar, Original Side, High Court, Madras.

K.KALYANASUNDARAM, J., pvs C.S.No.114 of 2016 & A.Nos.1252 & 1151 of 2016 C.S.Nos.146 of 2016 & O.A.No.186 of 2016 21.03.2017 http://www.judis.nic.in