Dr. Manjul Jain, v. The Indian Orthodontic Society,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.08.2023
CORAM
THE HONOURABLE Ms. JUSTICE R.N.MANJULA C.S.No.204 of 2022 and OA.Nos.614 & 615 of 2022
1. Dr.Manjul Jain
2. Dr.Pravin Shetty
3. Dr.Anirudha Kale ... Plaintiffs -Vs.- The Indian Orthodontic Society through its Secretary Dr.Sridevi Padmanabhan, having its office at No.1 Laxmi Apartments, 44 Giri Road, T.Nagar, Chennai-600 017 ... Defendant Civil Suit is filed under Order 7 Rule 1 of C.P.C read with Order IV Rule 1 of O.S.Rules, praying to:- a) restrain the defendant and/or its members and/or any of its committees etc by a permanent injunction of this Hon'ble court from taking any further action against the plaintiffs based on the purported report of the Committee appointed by the defendant in relation to the purported complaints against the plaintiffs.
b) restrain the defendant and/or its members and / or any of its committees etc by a permanent injunction of this Hon'ble Court from in any 1/3
manner taking any decisions against the plaintiffs including any action for censure of membership or expulsion of the plaintiffs at the annual General Meeting of the Defendant to be held on 17th September, 2022 and even otherwise.
c) declare that the purported decision declaring the plaintiffs as "Members of not good stand being" is illegal, bad in law, void ab-initio and also violative of the Constitution, Bye-Laws, Rules, and Code of Ethics etc of the defendant.
d) For costs.
For Plaintiffs :
Mr.V.V.Sivakumar For Defendant :
Ms.Tanya Kapoor *****
JUDGMENT
In view of the order passed in A.No.4771 of 2022, the suit is not maintainable. Accordingly, the suit in C.S.No.204 of 2022 is dismissed as not maintainable. No costs. Consequently, connected applications in OA.Nos.614 & 615 of 2022 are also closed.
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