Tamilnadu Shuttle Badminton v. Tiruchirappalli Badminton

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(PD)(MD).No.2079 of 2016 and C.M.P.(MD)No.9707 of 2016 1.Tamil Nadu Shuttle Badminton Association, represented by its Honorary General Secretary, Chennai.

2.V.E.Arunachalam 3.N.D.Rajmohan ... Petitioners/Defendants 1,6,8 Vs.

1.Tiruchirappalli Badminton Association, Trichy, represented by its Secretary, No.B.13th 2nd Cross, West Extension, Thillainagar, Trichy-620 018.

2.R.Rajkumar 3.The Honorary Treasurer R.Rajkumar, Tamil Nadu Shuttle Badminton Association, Saroja Building, Colony main road, Thillainagar, Tiruchy- 620 018. ...Plaintiffs 1to3/ Respondents 1to3 4.The President, Tamil Nadu Shuttle Badminton Association, No.9, Lynwood Lane, Mahalingapuram, Chennai.

5.Dr.Anbumani Ramadoss 6.A.Shanmugam 7.M.Ramesh 8.T.E.Maran 9.P.Mohankumar 10.U.Rajmohan 11.S.V.Senthiappan ... Respondents 4to11/ Defendants 2to5,7,9to11

PRAYER : Petition filed under Article 227 of Constitution of India, to strike off the plaint filed in O.S.No.682 of 2016 on the file of I Additional District Munsif Court, Trichy holding that the present suit is unnecessary, scandalous, frivolous or vexatious and abuse of process of Court.

For petitioner : Mr.G.Ethirajulu For R1 to R3 : Mr.K.Prabakar Raguvaran Gopalan For R4 and R5 : Mr.K.Hemakarthikeyan For R7, R8, R9 : Mr.P.Athimoola Pandian & to R11

ORDER

The revision petitioners are shown as defendants 1,6 and 8 in O.S.No.682 of 2016 on the file of the I Additional District Munsif Court, Trichirappalli. This Civil Revision Petition has been taken out by them for striking off the said suit from the file of the Court.

2.This Court is of the view that the revision petitioners can as well avail the remedy under Order 7 Rule 11 of CPC. If such an application is filed within two weeks from today, the Court below shall dispose of the same in accordance with law and on merits within a period of four weeks thereafter. The suit proceedings shall be put on hold, till the disposal of the application to be filed under Order 7 Rule 11.

3.It is made clear that if such an application is not taken out within two weeks from the date of receipt of a copy of this order, the suit proceedings shall resume.

4.Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-I)

To:

1. The I Additional District Munsif, Trichy.

2.The Record Keeper, VR Section, Madurai Bench of Madras High Court, Madurai.(2copies) +1CC to Mr.P.Arun Jayatram, Advocate, SR.No. 82783 +1CC to Mr.K.Prabakar Raguvaran Gopalan, Advocate, SR.No.83239 ORDER MADE IN C.R.P.(PD)(MD).No.2079 of 2016 and C.M.P.(MD)No.9707 of 2016 06.09.2018 PNN ES/RP/SAR 1/28.09.2018/3P/6C