The Jain Vidyaashram v. The Karur Vysa Bank
Case Details
Acts & Sections
C.S.No.199 of 20203. The Jain Vidyaashram A Unit of the Research Foundation for Jainology, Represented by its Principal Having its Head Office at No.18, Ramanuja Iyer Street, Sowcarpet, Chennai-600 001.4. The School Management committee The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.5. Jaya Prakash Lalwani, Executive Member, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai-600 001.6. The Karur Vysa Bank, Red Hills Branch, Represented by its Branch Manager, No.5/2, Sri Subashini Complex, Vallalar Street, Kamaraj Nagar, Red Hills, Chennai-600 052.7. Shanthilal Kothari alleged President, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai. 8. Hans Raj M.Mutha alleged Vice President, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.2/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 20209. Shanthi Lal Jain alleged Vice President, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.10. P.Mitha Lal Jain alleged Vice President, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.11. J.Mohan Lal Chordia alleged Vice President, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.12. Gautham Chand Mutha alleged Vice President, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.13. S.Krishna Chand Chordia alleged General Secretary, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai-600 001.14. Nemi Chand Kothari alleged Secretary, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.3/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 202015. Amrit Lal N.Dagar alleged Treasurer, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.16. Badal Chand Chhajer alleged Joint Treasurer, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.17. P.C Chopra alleged Joint Treasurer, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.18. Mahendra Kumar Jain alleged Joint Secretary The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.19. Mahendra Chand Chordia alleged Joint Secretary, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.20. Sampath Kumar Bagmar alleged Joint Secretary, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.4/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 202021. N. Sugalchand Jain alleged Vice President, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.22. Ranjithmull Chordia alleged Vice President, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.23. Kantilal.H.Sinhvi alleged Vice President, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.24. Abiya Srisri Mal alleged Vice President, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.25. Mahaavir Chordia alleged Joint Secretary, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.26. Sri Amrit Lal Daga, S/o. Nathmal Daga, The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.5/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 202027. Sampath Kumar Bagmar S/o. Late Guman Mal Bagmar The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.28. Esther Stanley W/o.SJV Stanley The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.29. Sanjay Kumar Jain S/o. Shivraj Jain The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.30. Balasumbramaniam S/o.Gunasekaran The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.31. Rajendran S/o. Pitchai Pillai The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.6/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 202032. Sindhura W/o. Vamsi Krishna C The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.33. Ramya W/o. V.Santhanam The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.34.Santhanalakshmi W/o. Premchand The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.35.Dr.Esther Sathyavathy W/o.S.Samsan Bharathy The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.36. The Chief Educational Officer, Education Department, Chennai. ... Respondents (36th Defendant is suo-moto added as a party in the suit as per order dated 18.11.2023 in C.S.No.199 of 2020. 7/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 2020Prayer: Plaint under Order IV Rule 1 of OS Rules read with Order VII Rule 1 of CPC to pass a decree and judgement :a) declaring the alleged Annual General Body Meeting held on 20.10.2019 for the 1st defendant society and the alleged election of Defendants 2 and 7 to 20 as the Executive Committee Members as illegal and void.b) declaring that the resolution dated 27.02.2020 of the 2nd defendant on behalf of the 3rd defendant circulated on 10.03.2020 as illegal, null and void and not binding on the plaintiffs.c) declaring that the resolution dated 04.03.2020 of the 2nd defendant as illegal, null and void and not binding on the plaintiffs.d) declaring that the resolution dated 09.03.2020 of the 2nd defendant as illegal, null and void and not binding on the plaintiffs.e) permanent injunction restraining the defendants 2,7 to 20 from in any manner claiming, acting or discharging any functions or duties or powers as Executive Committee Members of the 1st defendant society pursuant to the alleged election dated 20.10.2019 or any other date:f) Permanent injunction restraining the defendants 2, 7 to 20 from in any manner interfering with the plaintiff's continuing the function as 8/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 2020Members of the 4th defendant School Committee, in charge of the administration,management and financial control of the 3rd defendant school;g) Permanent injunction restraining the 5th defendant from in any manner acting in the affairs of the 3rd defendant based on the Resolution dated 27.02.2020, circulated on 10.03.2020;h) Be pleased to declare the alleged Annual General Body Meeting held on 21.03.2021 for the 1st defendant Society and the alleged election of defendants 2, 7,8,9,10, 13 to 16, 18 to 25 as the Executive Committee Members in the meeting dated 24.03.2021 as illegal and void;i) Be pleased to declare the alleged Selection of respondents 26 to 35/defendants 26 to 35 as School Committee Members of the 4th respondent/defendant as per its proceedings dated 24.03.2021 as illegal and void;j) permanent injunction restraining the defendants 2, 7, 8, 9, 10, 13 to 16, 18 to 25 from in any manner claiming, acting or discharging any functions or duties or powers as Executive Committee Members of the 1st defendant Society pursuant to the alleged election dated 24.03.2021.k) permanent injunction restraining the respondents 26 to 35 defendants/ defendants 26 to 35 from in any manner claiming, acting or 9/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 2020discharging any functions or duties with powers as School Management Committee of the 4th defendant pursuant to the alleged Section 24.03.2021.(amended as per order dated 18.11.2022 in A.No.1984 of 20212)l) direct the defendants to pay the cost of the suitm) and pass such further or other orders as this Hon'ble Court may deed fit and proper in the above circumstances to the case. For Plaintiffs : Mr.R.Venkatesan for Mr.A.R.M ArunachalamFor Defendants : Mr.Jayesh B Dolia for M/s.Aiyar and Dolia for D5 and D20 JUDGEMENT This Civil Suit is filed by two individuals husband and wife against the association and office bearers of the school management functioning under first defendant's association. The suit for declaration and permanent injunction and the allied reliefs, totally, there are 11 in number was sought. The prayer is extracted below:a) declaring the alleged Annual General Body Meeting held on 20.10.2019 for the 1st defendant society and the alleged election of Defendants 2 and 7 to 20 as the Executive Committee Members as illegal and void.10/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 2020b) declaring that the resolution dated 27.02.2020 of the 2nd defendant on behalf of the 3rd defendant circulated on 10.03.2020 as illegal, null and void and not binding on the plaintiffs.c) declaring that the resolution dated 04.03.2020 of the 2nd defendant as illegal, null and void and not binding on the plaintiffs.d) declaring that the resolution dated 09.03.2020 of the 2nd defendant as illegal, null and void and not binding on the plaintiffs.e) permanent injunction restraining the defendants 2,7 to 20 from in any manner claiming, acting or discharging any functions or duties or powers as Executive Committee Members of the 1st defendant society pursuant to the alleged election dated 20.10.2019 or any other date:f) Permanent injunction restraining the defendants 2, 7 to 20 from in any manner interfering with the plaintiff's continuing the function as Members of the 4th defendant School Committee, in charge of the administration,management and financial control of the 3rd defendant school;g) Permanent injunction restraining the 5th defendant from in any manner acting in the affairs of the 3rd defendant based on the Resolution dated 27.02.2020, circulated on 10.03.2020;11/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 2020h) Be pleased to declare the alleged Annual General Body Meeting held on 21.03.2021 for the 1st defendant Society and the alleged election of defendants 2, 7,8,9,10, 13 to 16, 18 to 25 as the Executive Committee Members in the meeting dated 24.03.2021 as illegal and void;i) Be pleased to declare the alleged Selection of respondents 26 to 35/defendants 26 to 35 as School Committee Members of the 4th respondent/defendant as per its proceedings dated 24.03.2021 as illegal and void;j) permanent injunction restraining the defendants 2, 7, 8, 9, 10, 13 to 16, 18 to 25 from in any manner claiming, acting or discharging any functions or duties or powers as Executive Committee Members of the 1st defendant Society pursuant to the alleged election dated 24.03.2021.k) permanent injunction restraining the respondents 26 to 35 defendants/ defendants 26 to 35 from in any manner claiming, acting or discharging any functions or duties with powers as School Management Committee of the 4th defendant pursuant to the alleged Section 24.03.2021.l) direct the defendants to pay the cost of the suitm) and pass such further or other orders as this Hon'ble Court may deed fit and proper in the above circumstances to the case. 12/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 20202. The sum and substance of the suit is regarding the decision taken in the Annual General Body Meeting held on 20.10.2019 for the first defendant's society and the election of the defendants as its executive committee and consequential resolutions passed. It is suffice to record that the suit has gone through a checkered distinct multiple applications and directions of this Court. It is now reported that pursuant to the appointment of administrator, fresh election for the society had been conducted and new office bearers have taken charge to administer the defendants 1 , 3 and 4. 3. Though the learned counsel for the plaintiff on record for the plaintiff not present, Mr.R.Venkatesan represented that the plaintiffs have instructed to hand over vakalat and want to engage new counsel. It is also brought to notice of this Court that earlier the Advocate Commissioner pointed out in this case one Mr.R.W.H.Ghyaz Ahamed was removed assigning reasons by an order dated 15.07.2024 and it appears that he has moved the Division Bench against the order but not numbered so far. 13/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 20204. Be as it may, the said application has no relevancy to the prayer sought in this suit and the subsequent developments. The requests put across the bar seeking adjournment , since the plaintiff unable to engage a new counsel is not entertained by this Court for simple reason that for past four years, the plaintiff has changed more than five counsels and the prayer what he has sought in the claim has become infructuous. 4. In view of the election of the new office bearers to the defendants 1 to 3 and 4 society pursuant to the order of this Court, the Civil Suit is closed as infructuous. 05.11.2024Vv14/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 2020Dr.G.JAYACHANDRAN,J.VvC.S.No.199 of 2020andA.No.1816 of 2020and O.A.Nos.355 to 357 of 2020andO.A.Nos.779 and 780 of 202205.11.202415/15
C.S.No.199 of 20203. The Jain Vidyaashram A Unit of the Research Foundation for Jainology, Represented by its Principal Having its Head Office at No.18, Ramanuja Iyer Street, Sowcarpet, Chennai-600 001.4. The School Management committee The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.5. Jaya Prakash Lalwani, Executive Member, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai-600 001.6. The Karur Vysa Bank, Red Hills Branch, Represented by its Branch Manager, No.5/2, Sri Subashini Complex, Vallalar Street, Kamaraj Nagar, Red Hills, Chennai-600 052.7. Shanthilal Kothari alleged President, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai. 8. Hans Raj M.Mutha alleged Vice President, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.2/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 20209. Shanthi Lal Jain alleged Vice President, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.10. P.Mitha Lal Jain alleged Vice President, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.11. J.Mohan Lal Chordia alleged Vice President, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.12. Gautham Chand Mutha alleged Vice President, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.13. S.Krishna Chand Chordia alleged General Secretary, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai-600 001.14. Nemi Chand Kothari alleged Secretary, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.3/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 202015. Amrit Lal N.Dagar alleged Treasurer, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.16. Badal Chand Chhajer alleged Joint Treasurer, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.17. P.C Chopra alleged Joint Treasurer, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.18. Mahendra Kumar Jain alleged Joint Secretary The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.19. Mahendra Chand Chordia alleged Joint Secretary, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.20. Sampath Kumar Bagmar alleged Joint Secretary, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.4/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 202021. N. Sugalchand Jain alleged Vice President, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.22. Ranjithmull Chordia alleged Vice President, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.23. Kantilal.H.Sinhvi alleged Vice President, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.24. Abiya Srisri Mal alleged Vice President, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.25. Mahaavir Chordia alleged Joint Secretary, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai.26. Sri Amrit Lal Daga, S/o. Nathmal Daga, The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.5/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 202027. Sampath Kumar Bagmar S/o. Late Guman Mal Bagmar The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.28. Esther Stanley W/o.SJV Stanley The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.29. Sanjay Kumar Jain S/o. Shivraj Jain The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.30. Balasumbramaniam S/o.Gunasekaran The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.31. Rajendran S/o. Pitchai Pillai The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.6/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 202032. Sindhura W/o. Vamsi Krishna C The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.33. Ramya W/o. V.Santhanam The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.34.Santhanalakshmi W/o. Premchand The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.35.Dr.Esther Sathyavathy W/o.S.Samsan Bharathy The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai-600 066.36. The Chief Educational Officer, Education Department, Chennai. ... Respondents (36th Defendant is suo-moto added as a party in the suit as per order dated 18.11.2023 in C.S.No.199 of 2020. 7/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 2020Prayer: Plaint under Order IV Rule 1 of OS Rules read with Order VII Rule 1 of CPC to pass a decree and judgement :a) declaring the alleged Annual General Body Meeting held on 20.10.2019 for the 1st defendant society and the alleged election of Defendants 2 and 7 to 20 as the Executive Committee Members as illegal and void.b) declaring that the resolution dated 27.02.2020 of the 2nd defendant on behalf of the 3rd defendant circulated on 10.03.2020 as illegal, null and void and not binding on the plaintiffs.c) declaring that the resolution dated 04.03.2020 of the 2nd defendant as illegal, null and void and not binding on the plaintiffs.d) declaring that the resolution dated 09.03.2020 of the 2nd defendant as illegal, null and void and not binding on the plaintiffs.e) permanent injunction restraining the defendants 2,7 to 20 from in any manner claiming, acting or discharging any functions or duties or powers as Executive Committee Members of the 1st defendant society pursuant to the alleged election dated 20.10.2019 or any other date:f) Permanent injunction restraining the defendants 2, 7 to 20 from in any manner interfering with the plaintiff's continuing the function as 8/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 2020Members of the 4th defendant School Committee, in charge of the administration,management and financial control of the 3rd defendant school;g) Permanent injunction restraining the 5th defendant from in any manner acting in the affairs of the 3rd defendant based on the Resolution dated 27.02.2020, circulated on 10.03.2020;h) Be pleased to declare the alleged Annual General Body Meeting held on 21.03.2021 for the 1st defendant Society and the alleged election of defendants 2, 7,8,9,10, 13 to 16, 18 to 25 as the Executive Committee Members in the meeting dated 24.03.2021 as illegal and void;i) Be pleased to declare the alleged Selection of respondents 26 to 35/defendants 26 to 35 as School Committee Members of the 4th respondent/defendant as per its proceedings dated 24.03.2021 as illegal and void;j) permanent injunction restraining the defendants 2, 7, 8, 9, 10, 13 to 16, 18 to 25 from in any manner claiming, acting or discharging any functions or duties or powers as Executive Committee Members of the 1st defendant Society pursuant to the alleged election dated 24.03.2021.k) permanent injunction restraining the respondents 26 to 35 defendants/ defendants 26 to 35 from in any manner claiming, acting or 9/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 2020discharging any functions or duties with powers as School Management Committee of the 4th defendant pursuant to the alleged Section 24.03.2021.(amended as per order dated 18.11.2022 in A.No.1984 of 20212)l) direct the defendants to pay the cost of the suitm) and pass such further or other orders as this Hon'ble Court may deed fit and proper in the above circumstances to the case. For Plaintiffs : Mr.R.Venkatesan for Mr.A.R.M ArunachalamFor Defendants : Mr.Jayesh B Dolia for M/s.Aiyar and Dolia for D5 and D20 JUDGEMENT This Civil Suit is filed by two individuals husband and wife against the association and office bearers of the school management functioning under first defendant's association. The suit for declaration and permanent injunction and the allied reliefs, totally, there are 11 in number was sought. The prayer is extracted below:a) declaring the alleged Annual General Body Meeting held on 20.10.2019 for the 1st defendant society and the alleged election of Defendants 2 and 7 to 20 as the Executive Committee Members as illegal and void.10/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 2020b) declaring that the resolution dated 27.02.2020 of the 2nd defendant on behalf of the 3rd defendant circulated on 10.03.2020 as illegal, null and void and not binding on the plaintiffs.c) declaring that the resolution dated 04.03.2020 of the 2nd defendant as illegal, null and void and not binding on the plaintiffs.d) declaring that the resolution dated 09.03.2020 of the 2nd defendant as illegal, null and void and not binding on the plaintiffs.e) permanent injunction restraining the defendants 2,7 to 20 from in any manner claiming, acting or discharging any functions or duties or powers as Executive Committee Members of the 1st defendant society pursuant to the alleged election dated 20.10.2019 or any other date:f) Permanent injunction restraining the defendants 2, 7 to 20 from in any manner interfering with the plaintiff's continuing the function as Members of the 4th defendant School Committee, in charge of the administration,management and financial control of the 3rd defendant school;g) Permanent injunction restraining the 5th defendant from in any manner acting in the affairs of the 3rd defendant based on the Resolution dated 27.02.2020, circulated on 10.03.2020;11/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 2020h) Be pleased to declare the alleged Annual General Body Meeting held on 21.03.2021 for the 1st defendant Society and the alleged election of defendants 2, 7,8,9,10, 13 to 16, 18 to 25 as the Executive Committee Members in the meeting dated 24.03.2021 as illegal and void;i) Be pleased to declare the alleged Selection of respondents 26 to 35/defendants 26 to 35 as School Committee Members of the 4th respondent/defendant as per its proceedings dated 24.03.2021 as illegal and void;j) permanent injunction restraining the defendants 2, 7, 8, 9, 10, 13 to 16, 18 to 25 from in any manner claiming, acting or discharging any functions or duties or powers as Executive Committee Members of the 1st defendant Society pursuant to the alleged election dated 24.03.2021.k) permanent injunction restraining the respondents 26 to 35 defendants/ defendants 26 to 35 from in any manner claiming, acting or discharging any functions or duties with powers as School Management Committee of the 4th defendant pursuant to the alleged Section 24.03.2021.l) direct the defendants to pay the cost of the suitm) and pass such further or other orders as this Hon'ble Court may deed fit and proper in the above circumstances to the case. 12/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 20202. The sum and substance of the suit is regarding the decision taken in the Annual General Body Meeting held on 20.10.2019 for the first defendant's society and the election of the defendants as its executive committee and consequential resolutions passed. It is suffice to record that the suit has gone through a checkered distinct multiple applications and directions of this Court. It is now reported that pursuant to the appointment of administrator, fresh election for the society had been conducted and new office bearers have taken charge to administer the defendants 1 , 3 and 4. 3. Though the learned counsel for the plaintiff on record for the plaintiff not present, Mr.R.Venkatesan represented that the plaintiffs have instructed to hand over vakalat and want to engage new counsel. It is also brought to notice of this Court that earlier the Advocate Commissioner pointed out in this case one Mr.R.W.H.Ghyaz Ahamed was removed assigning reasons by an order dated 15.07.2024 and it appears that he has moved the Division Bench against the order but not numbered so far. 13/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 20204. Be as it may, the said application has no relevancy to the prayer sought in this suit and the subsequent developments. The requests put across the bar seeking adjournment , since the plaintiff unable to engage a new counsel is not entertained by this Court for simple reason that for past four years, the plaintiff has changed more than five counsels and the prayer what he has sought in the claim has become infructuous. 4. In view of the election of the new office bearers to the defendants 1 to 3 and 4 society pursuant to the order of this Court, the Civil Suit is closed as infructuous. 05.11.2024Vv14/15 https://www.mhc.tn.gov.in/judis C.S.No.199 of 2020Dr.G.JAYACHANDRAN,J.VvC.S.No.199 of 2020andA.No.1816 of 2020and O.A.Nos.355 to 357 of 2020andO.A.Nos.779 and 780 of 202205.11.202415/15