ALL INDIA INDIAN OVERSEAS BANK SCHEDULE CASTE AND SCHEDULE TRIBE EMPLOYEES WELFARE ASSOCIATION Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) ALL India Indian Overseas Bank Scheduled caste and scheduled Tribe Welfare Association, the petitioner herein, seeks for the issue of a writ of declaration declaring the registration by the first respondent of the second respondent under the name of ALL India Overseas Bank Scheduled Caste and Scheduled Tribe Employees'Welfare Association as illegal and void and being violative of Section 9 of the Tamil Nadu Societies Registration Act, 1975.

(2.) THE petitioner submits that it was duly registered under the Tamil Nadu Societies Registration Act, vide registration No. 163, dated 22. 7. 1978. THE Secretary of the petitioner Association states that motivated by self-interest, a group of a few employees led by one Myilvahanan attempted to thwart the legitimate activities of the petitioner Association by initiating litigation against the holding of election etc. THE application filed by the said individuals were dismissed and the said individuals being unable to secure any support within the Association, the said individuals and few others floated a new body by name All India Overseas Bank Scheduled Caste and Scheduled Tribes Employees'Welfare Association. THE petitioner had objected to the similarity in the name and recognition being accorded to the new body by the Registrar of Societies. THEir objection was still pending.

(3.) MR. M. Venkatachalapathy, learned Senior Counsel for the second respondent Association, contends that there is absolutely no confusion in the name as could be seen on a perusal of names of both the petitioner association and the respondent Association. Learned Senior Counsel further contends that the petitioner Association has become defunct and not functioning as on date, and he was also instructed to state that the registration of the petitioner Association has been cancelled. The petitioner has also approached this court without giving any representation to the Registrar and without seeking for cancellation of the registration of the second respondent in a manner known to law and in terms of the provisions of the Act. The petitioner cannot be permitted to approach this Court directly without making a proper application before the Registrar.