Dr.Manjul Jain vs The Indian Orthodontic Society
2023 Latest Caselaw 11649 Mad

                                                                                 C.S. No.204 of 2022
                                                                        and OA.Nos.614 & 615 of 2022


                                  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

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https://www.mhc.tn.gov.in/judis
                                                                                     C.S. No.204 of 2022
                                                                            and OA.Nos.614 & 615 of 2022


                  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.

31.08.2023 (2/2) kmi

https://www.mhc.tn.gov.in/judis C.S. No.204 of 2022 and OA.Nos.614 & 615 of 2022

R.N.MANJULA, J

kmi

C.S. No.204 of 2022

31.08.2023

https://www.mhc.tn.gov.in/judis