Mrs.John Nellimala Sarai And 2 Others v. The Madras Medical Mission And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-05-2026

CORAM

THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN

1. Mrs.John Nellimala Sarai

2. Liza Joseph

3. E.John Thomas ..Applicants Vs

1. The Madras Medical Mission (a society registered under Tamil Nadu Societies Registration Act,1975) Having its Registered Office at No.4A, Dr.J.Jayalalitha Nagar, Mogappair, Ch-37.

2. The Secretary The Madras Medical Mission, No.4A, Dr.J.Jayalalitha Nagar, Mogappair, Ch-37

3. Dr.K.Joacob ..Respondents To grant an order of interim injunction restraining the Defendants from convening, conducting or acting upon the Extraordinary General Meeting proposed pursuant to the Notice dated 29/04/2026 to be held on 23/08/2026, pending disposal of the suit.

For Applicant(s):

Mr.K.V.Babu for Mr.P.Kabilan For Respondent(s):

Mr.Vijay Narayan, Senior Counsel for Mr.Abishek Jenasenan [R1 & R2]

ORDER

By an order dated 30.03.2026, this Court had recorded that there is a likelihood of settlement between the parties and hence, adjourned the matter to 04.07.2026. The plaintiffs have moved this application during vacation on the ground that after the matter was adjourned, the defendant society has called for an Extraordinary General Meeting on 23.05.2026 for the following business: i) to consider the amendment to the bye-laws of the society; and ii) for ratification of the suspension as per clause 62 of the bye-laws of the society.

2.According to Mr.K.V.Babu, the applicants are life members and the subject matter of the suit, inter alia, is their suspension from membership of the society. He adds if pending suit the ratification is carried out, it would only lead to multiplicity of proceedings.

3.Mr.Vijay Narayan, learned Senior counsel appearing for Mr.Abishek Jenasenan, for R1 and R2 states that the suspension of the applicants/plaintiffs has continued pending litigation and he states that agenda No.2 would be deferred and not taken up on 23.05.2026.

4.When the challenge is to the suspension and the further proceedings are taken on that basis, then the defendant is attempting to present a fait accompli to

Court. Hence, the statement of Mr.Vijay Narayan that the business of ratification will not be taken up is recorded. 5.Insofar as the amendments to the bye-laws are concerned, obviously they will be subject to result of the suit.

6.The application stands closed.

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V.LAKSHMINARAYANAN, J.

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