Kumarpal Shah And Another v. A.Selvam And 2 Others

A.No.5051 of 2023 in C.S.Dr.No.124592 of 2023 R.N.MANJULA,J.

This application is filed to grant leave to the applicants/plaintiffs to sue the first, second and third respondents/defendants who reside outside the jurisdiction of this Court.

2.The applicants/plaintiffs who claim themselves as the Chairman and Vice-chairman of the third defendant society respectively, have intended to file the above suit for the relief of declaration to declare the notice dated 15.09.2023 calling for an Extra-ordinary General Meeting to be held on 04.10.2023 as null and void and also for declaration to declare notice dated 13.09.2023 calling for Annual General Meeting to be held on 27.09.2023 as null and void along with the relief of permanent injunction restraining the first and second defendants or any person claiming through them from interfering with the General Council Elections for the term October 2023 to March 2025. Page No.1 of 3

3.The first plaintiff is the Chairman and the second plaintiff is the Vice-Chairman of the third defendant society. The first defendant is the Secretary of the third defendant society and the second defendant is one of the members of the said society. The plaintiffs have also filed an application seeking leave to sue the respondents 1 to 3.

4. Since the second defendant is residing outside of jurisdiction of this Court and the third defendant society is registered at Chennai and its transactions are being carried out at Chennai, the cause of action has arisen within the jurisdiction of this Court. Hence, I feel it is appropriate to grant leave.

5. According, leave to sue the first, second and third respondents / defendants is granted.

6. Registry is directed to number the above Civil Suit, if it is otherwise in order.

26.09.2023 apd/bkn Page No.2 of 3

R.N.MANJULA, J.

apd / bkn A.No.5051 of 2023 in C.S.Dr.No.124592 of 2023 26.09.2023 Page No.3 of 3