Case Summary
This case involves Eljove.C. Chummar, the plaintiff, and M/S Kunnamkulam Charitable Society along with its executive committee members, as defendants. The plaintiff seeks a permanent prohibitory injunction against the newly elected executive committee's actions, claiming that several committee members are disqualified as per the society's bye-laws.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, finding no merit in the plaintiff's claims regarding the election procedures of the managing committee. The defendants were found to satisfy the eligibility criteria as per the bye-laws.
Key Reasoning:
The court determined that the election procedures were in accordance with the bye-laws of the society.
The court determined that the election procedures were in accordance with the bye-laws of the society.
Why Defendant Won:
The court determined that the election procedures were in accordance with the bye-laws of the society.
The court determined that the election procedures were in accordance with the bye-laws of the society.
Supporting Evidence
From the above discussion this court is satisfied that the plaintiff has failed to establish that the defendants are disqualified by virtue of ineligibility from being a member as per clause 4(1)(a) of the Ext.A1 bye-law of the 1st defendant society.
Judgment Evidence:
In the result, the suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Eljove.C. Chummar
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/S Kunnamkulam Charitable Society
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Prakash.A.M
- Party Age
- 55
- Party Role
- Defendant
- Party Name
- Geever.K.I
- Party Age
- 50
- Party Role
- Defendant
- Party Name
- Davis.A.I
- Party Age
- 50
- Party Role
- Defendant
- Party Name
- Varghese.C.P
- Party Age
- 60
Plaintiffs Documents
Original of the Byelaw of the 1st defendant association, Copy of the complaint submitted to the returning officer regarding disqualification of 3rd defendant.
Defendants Documents
Receipt issued from Kochi Municipal Corporation to the 2nd defendant.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.T Anil Kumar(Anil Mamala)
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Josepaul Thottam
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Benraj.K.P
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Fathima Razak
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aiswarya
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sajeev
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Mahesh.V.Ramakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Pramod.K.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Praveen.K.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiff sought a permanent prohibitory injunction restraining the defendants from acting as the managing committee of the 1st defendant association.
Evidence:
Hence point No.3 and 4 are also found against the plaintiff.
Relief Type:
Declaration
Outcome:
Refused
Description:
The plaintiff sought a decree for declaration regarding the validity of the election procedures.
Evidence:
Hence point No.3 and 4 are also found against the plaintiff.
Documents & Evidence
Document Type:
Bye-law
Submitted By:
Plaintiff
Relevance:
The bye-law of the 1st defendant society was central to the claims regarding eligibility and qualifications of its members.
Reference:
Ext.A1
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
The complaint submitted to the returning officer regarding the disqualification of the 3rd defendant highlighted issues of membership eligibility.
Reference:
Ext.A2
Document Type:
RTI Reply
Submitted By:
Plaintiff
Relevance:
The reply from Cochin Corporation showing the disqualification of the 3rd defendant was used to support the plaintiff's claims.
Reference:
Ext.A3
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
The complaint regarding the disqualification of the 5th defendant was relevant to the suit.
Reference:
Ext.A4
Document Type:
RTI Reply
Submitted By:
Plaintiff
Relevance:
The reply from Cochin Corporation showing the disqualification of the 5th defendant was presented as evidence.
Reference:
Ext.A5
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
The complaint concerning the disqualification of the 7th defendant formed part of the allegations.
Reference:
Ext.A6
Document Type:
RTI Reply
Submitted By:
Plaintiff
Relevance:
The reply from Cochin Corporation showing the disqualification of the 7th defendant was used to support the plaintiff's position.
Reference:
Ext.A7
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
The complaint regarding the disqualification of the 9th defendant was part of the plaintiff's claims.
Reference:
Ext.A8
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
The complaint regarding the disqualification of the 16th defendant contributed to the plaintiff's arguments.
Reference:
Ext.A9
Document Type:
RTI Reply
Submitted By:
Plaintiff
Relevance:
The reply regarding the 16th defendant's business establishment was relevant to the case.
Reference:
Ext.A10
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
The detailed complaint outlining the disqualifications of several defendants.
Reference:
Ext.A11
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt issued by the Secretary, Kochi Municipal Corporation to the 2nd defendant supporting their claims.
Reference:
Ext.B1
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt issued from Kochi, Municipal Corporation to Smt. Mini Geever.
Reference:
Ext.B2
Document Type:
Consent letter
Submitted By:
Defendant
Relevance:
Consent letter issued by Smt. Mini Geever to the 3rd defendant to represent their business.
Reference:
Ext.B3
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt issued by the Secretary, Kochi Municipal Corporation to the 4th defendant.
Reference:
Ext.B4
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt issued by the Secretary, Kochi Municipal Corporation to Sri. Abel Varghese.
Reference:
Ext.B5
Document Type:
Consent letter
Submitted By:
Defendant
Relevance:
Consent letter issued by Sri. Abel Varghese to the 5th defendant.
Reference:
Ext.B6
Document Type:
Visiting Card
Submitted By:
Defendant
Relevance:
Visiting card of M/S Star Lights owned by the 5th defendant and his son.
Reference:
Ext.B7
Document Type:
GST Registration Certificate
Submitted By:
Defendant
Relevance:
GST Registration certificate issued by the Government of India in favour of the 6th defendant.
Reference:
Ext.B8
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt issued by the Secretary, Kochi, Municipal Corporation to Smt. C.C Latha.
Reference:
Ext.B9
Document Type:
Certified Copy of Lease Deed
Submitted By:
Defendant
Relevance:
Certified copy of Registered Lease deed related to 7th defendant's business.
Reference:
Ext.B10
Document Type:
GST Registration Certificate
Submitted By:
Defendant
Relevance:
GST Registration Certificate issued by the Government of India in favour of the 9th defendant.
Reference:
Ext.B12
Document Type:
Income Tax Return Acknowledgment
Submitted By:
Defendant
Relevance:
Income Tax Return Acknowledgment issued by the Income Tax Department to the 10th defendant.
Reference:
Ext.B13
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt issued from Kochi Municipal Corporation to the 11th defendant.
Reference:
Ext.B14
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt issued from Kochi Municipal Corporation to the 9th defendant.
Reference:
Ext.B15
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt issued from Kochi Municipal Corporation to the 13th defendant.
Reference:
Ext.B16
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt issued from Kochi Municipal Corporation to the 14th defendant.
Reference:
Ext.B17
Document Type:
GST Registration Certificate
Submitted By:
Defendant
Relevance:
GST Registration Certificate issued by the Government of India in favour of the 15th defendant.
Reference:
Ext.B18
Document Type:
Rent Receipt
Submitted By:
Defendant
Relevance:
Rent receipt issued from Kochi Municipal corporation to the 16th defendant.
Reference:
Ext.B19
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt issued from Kochi Municipal Corporation to the 16th defendant.
Reference:
Ext.B20
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Violation of bye-laws
Case Code
Case between Eljove.C. Chummar vs M/S Kunnamkulam Charitable Society et al regarding permanent prohibitory injunction
Case Code Year
Case between Eljove.C. Chummar vs M/S Kunnamkulam Charitable Society et al regarding permanent prohibitory injunction