Tamilnad Mercantile Bank Share v. Reserve Bank Of India,

In the High Court of Judicature at Madras Dated : 10.3.2016 Coram :

The Honourable Mr.Justice V.RAMASUBRAMANIAN and The Honourable Mr.Justice N.KIRUBAKARAN Civil Suit No.981 of 2004 and all connected pending applications Tamilnad Mercantile Bank Shareholders Welfare Association rep.by its Secretary Mr.M.P.T.Muthuraj ...Plaintiff Vs 1.The Reserve Bank of India, Fort Glacis, Chennai-1.

2.Mr.N.S.Srinivasan, Director (RBI Nominee), Tamil Nadu Mercantile Bank Ltd., Fort Glacis, Chennai-1.

3.Mr.S.Swaminathan, Director (RBI Nominee), Tamil Nadu Mercantile Bank Ltd., Fort Glacis, Chennai-1.

4.Mr.S.T.Kannan, Director, (RBI Nominee), Tamil Nadu Mercantile Bank Ltd., Fort Glacis, Chennai-1.

5.Tami Nadu Mercantile Bank Ltd., rep.by its Chairman & Chief Executive Officer, having office at No.57, V.E.Road, Chennai-1.

(Impleaded as the fifth defendant as per order dated 28.2.2005 in A.No.987 of 2005 and delay

condoned to carry out of the amendment dated 10.8.2006 in A.No.2744 of 2006) 6.Mr.R.Kannan Adityan (Director TMB Ltd.), Chennai-15.

7.Mr.R.Ramachandra Adityan (Director, TMB Ltd.), Chennai-20.

8.Mr.P.H.Arvindh Pandian (Director, TMB Ltd.), Chennai-28.

9.Mr.A.Rajagopalan (Director TMB Ltd.), Chennai-10.

10.Mr.P.Prem Vetty (Director, TMB Ltd.), Tuticorin-1.

11.Mr.M.G.M.Maran (Director TMB Ltd.), Chennai-4.

12.Mr.V.Bhaskaran (Director TMB Ltd.), Chengottai-9.

13.Mr.A.Narayanan (Director TMB Ltd.), Chennai-21.

14.Mr.N.Balasubramanian (Director, TMB Ltd.), Chennai-17.

15.Mr.V.Gopal Rao, Power of Attorney Holder, Chennai-41.

16.Mr.M.K.Srinivasan, Power of Attorney Holder, Chennai-24.

17.Mr.R.P.Sarathy, Power of Attorney Holder, Chennai-24.

(Defendants 6 to 17 were impleaded as per order dated 12.9.2007 in A.No.3889 of 2006 and extended dated dated 22.11.2007 in O.A.Nos.597 to 599 of 2006)

18.Mr.B.Ramachandra Adityan, Chennai-20.

(impleaded as per order dated 12.9.2007 in A.No.2519 of 2006 and extended dated 22.11.2007 in O.A.Nos.597 to 599 of 2006) ...Defendants PLAINT under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 4 of the Civil Procedure Code seeking a judgment and decree for permanent injunction restraining the defendants, their men or servants or any other person claiming under them from preventing the members, whose name is registered in the Register of Members of Tamilnad Mercantile Bank Limited or their duty authorised proxies lodged from participating and exercising their voting rights in the forthcoming annual general meeting dated 24.12.2004 or any subsequent date and for costs.

For Plaintiff : Mr.J.R.Marudhachalamurthy For Defendant-1 : Mr.T.Mohan for M/s.King & Patridge For Defendant-5 : Mr.R.Sankaranarayanan and Mr.G.S.Sivakumar For Defendants 6, 7, 8 & 10 : Mr.Kathik Seshadri For Defendant-12 : Mr.Ilambarathi JUDGMENT WAS DELIVERED BY V.RAMASUBRAMANIAN,J Mr.R.Marudhachalamoorthy, learned counsel for the plaintiff has made an endorsement to the following effect : "J.R.Marudhachalamurthy, counsel for the plaintiff instructed to not press (withdraw) the

suit. Hence, I may be permitted to not press the plaint. The suit may be dismissed as withdrawn."

2. In view of the above, the civil suit is dismissed as withdrawn. No costs. Consequently, all connected pending applications are also dismissed.

Sd/V.R.S.J., N.K.K.J 10.03.2016 //Certified to be a true copy// Dated this the day of 2016 S.s/07.04.2016 COURT OFFICERFrom 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.