KERALA VYAPARI VYAVASAYI Vs. KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI
LAWS(KER)-2003-12-119
HIGH COURT OF KERALA
Decided on December 19,2003

KERALA VYAPARI VYAVASAYI Appellant
VERSUS
KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI Respondents

JUDGEMENT

- (1.) Respondents 1 to 5 filed O.S. No.1304 of 2003 before the 1st Additional Munsiff's Court, Ernakulam praying for a declaration that the election of defendants 7 to 17 held on 11.7.2003 to the Ernakulam District Committee of the 1st defendant is null and void. The 1st petitioner - Kerala Vyapari Vyavasayi Ekopana Samithi, State Committee, represented by its present General Secretary Alex M. Chacko is the 1st defendant in the suit. The 2nd petitioner herein is the aforesaid Alex M. Chacko himself in his capacity as the General Secretary of the 1st petitioner.
(2.) The reliefs prayed for in the suit are extracted below: (A) declare that the alleged election of defendants 7 to 17 on 11.7.2003 to the Ernakulam District Committee of the 1st defendant is null and void; (B) declare that the actions of defendants 7 to 17 as the office bearers of the Ernakulam District Committee of the 1st defendant are null and void; (C) restrain defendants 7 to 17 by a permanent prohibitory injunction from using the name, emblem or flag of the 1st defendant and from representing or holding themselves out as the duly elected District Committee of the 1st defendant for Ernakulam; (D) restrain defendants 1 to 6 by a permanent prohibitory injunction from approving the committee headed by defendants 7 to 17; (E) restrain defendants 7 to 17 by a permanent prohibitory injunction from collecting any amounts as membership fees or otherwise from the members of the 1st defendant in the district of Ernakulam; (F) restrain defendants 1 to 6 by a permanent prohibitory injunction from affiliating any Unit through defendants 7 to 17 for the District of Ernakulam, and (G) grant such other reliefs as the plaintiffs pray for from time to time and that this Honble Court may deem fit and proper to grant in the facts and circumstances of the case and also the costs of this suit.
(3.) The 1st petitioner - Kerala Vyapari Vyavasayi Ekopana Samithi, hereinafter referred to as the Society was registered under S.5 of the Travancore - Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, hereinafter referred to, for short, as the Act only. Ernakulam District Committee of the Society was elected for two years from 10.7.2001 to 9.7.2003. According to the petitioners, the District Committee failed to remit the membership fees within the time prescribed therefore and consequently it ceased to have membership in the Society with effect from 30.9.2001. The State Committee of the Society informed all concerned about the above fact and afforded them opportunity to become members by paying the membership fees directly to the State Committee. According to the petitioners, election to the Ernakulam District Committee of the Society was held by the State Committee on 11.7.2003 and new office bearers were elected. Thereupon respondents 1 to 5 filed the above suit in the Munsiff's Court. Alongwith the suit I.A. No.6254 of 2003 was also filed for an interlocutory order restraining respondents 7 to 17 therein by temporary prohibitory injunction from representing or holding themselves out to be office bearers of the Ernakulam District Committee of the Society and from using the emblem, flag or name of the Society and also to restrain them, their men and agents from interfering with the functions of the plaintiffs/petitioners in the above I.A. The Society filed written statement (Ext. P4) in the suit and counter - affidavit (Ext. P6 - Statement of objection) in the I.A. (Ext. P3). The 8th defendant in the suit also filed statement of objection (Ext. P5) to Ext. P3 application for injunction. In the written statement and the statement of objection, it was contended, inter alia, that the Munsiff's Court has no jurisdiction to try the suit in view of S.25 of the Act, because the registered office of the Society is at Thrissur and the District Court, Thrissur alone is competent to try and dispose of the suit.;


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