R VETRISELVAN Vs. TAMIL NADU MERCHANTILE BANK LIMITED

JUDGEMENT

(1.) The appeals arise out of common order of the learned single Judge dated 10/1/2001 in Application Nos. 855, 856, 4371 to 4373 and 4631 of 2000 in C.S.No. 685 of 2000.

(2.) The appeals are taken up for final disposal jointly with the consent of the counsel appearing for the respective parties. The appellant filed the said suit C.S.No. 685 of 2000 seeking the following reliefs :

(3.) It is unnecessary to extract elaborately the pleadings of the. parties, since the question involved for the decision of this Court falls in a narrow compass. For the sake of convenience the parties are arrayed with their rank in the suit. The plaintiff was removed from the directorship of the first defendant bank by resolution dated 27.6.2000. The suit was laid for declaration that the said resolution is null and void and unenforceable and for consequential reliefs. Originally he filed a suit in O.S No. 224 of 2000 on the file of the District Munsif, Tuticorin for a declaration that he is continuing as the Director of the defendant bank till the annual general meeting of the defendant bank. In the said suit he impleaded the bank alone as defendant, which is the first defendant in the present suit. The said suit was withdrawn with liberty to file a fresh suit on the same cause of action on the ground that the plaintiff wants to implead the Company Secretary as a party in order to bring out real facts happened in the Board meeting of the first defendant bank. Having withdrawn the said suit, the plaintiff filed the present suit on 31.8.2000 on the file of this Court by impleading the defendants 2 to 4. However, the plaintiff did not implead the Company Secretary as stated in his affidavit filed to withdraw the suit before the Principal District Munsif, Tuticorin.