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O.S. No. 390 /2019

Case between The Federal Bank Ltd vs Federal Bank Employee’s Union regarding permanent prohibitory injunction.

Court
II Additional Munsiff Court, Ernakulam
Judge
Smt. Needi. K. Dinamany
Order Date
2024-07-17
Duration
approximately-5 years 4 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The Federal Bank Ltd filed a suit against the Federal Bank Employee’s Union seeking a permanent prohibitory injunction to prevent the union from conducting protests that may disrupt the bank's operations. The case revolves around allegations of agitation and demonstrations by the union, which the bank claims are detrimental to its interests.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit partly in favor of the plaintiff, restraining the defendant union from obstructing the bank officials and customers, and from holding certain demonstrations at the bank's premises.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant from obstructing bank operations.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit partly in favor of the plaintiff, restraining the defendant union from obstructing the bank officials and customers, and from holding certain demonstrations at the bank's premises.
Why Plaintiff Won:
The plaintiff established the likelihood of disruption to bank operations and the right to protect their business interests.
Losing Side's Weaknesses:
The plaintiff established the likelihood of disruption to bank operations and the right to protect their business interests.
Supporting Evidence
The plaintiff has established their case and hence they are entitled for a decree of prohibitory injunction restraining defendant from conducting dharnas in plaint schedule property.

Judgment Evidence:

In the result, the defendant is restrained by a permanent prohibitory injunction from obstructing the bank officials and customers from dealing with the bank and obstructing the ingress and egress to them and from committing any acts of waste or damage to the bank’s property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
The Federal Bank Ltd
Relation
Represented by
Party Role
Defendant
Party Name
Federal Bank Employee’s Union
Relation
Represented by
Plaintiffs Documents
Certified Copy of Sale deed No.3674/96, Copy of land tax receipt No.KL07022212408/2023, Copy of circular No.54/2018-21 of Defendant Union.
Defendants Documents
Certified Copy of Judgment in OS 235/2003 of Hon’ble Principal Sub Court Ernakulam.

Advocates

Party Role
Plaintiff
Advocate Name
K.K. Saji Kumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
A. Jayasankar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Manu Govind
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Nimmy Johnson
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Permanent prohibitory injunction against the defendant from obstructing bank operations.
Evidence:
Defendant is restrained by a permanent prohibitory injunction from obstructing the bank officials and customers from dealing with the bank...
Relief Type: Mandatory Injunction
Outcome: Partly Granted
Description:
Request for a mandatory injunction against the defendant for erecting derogatory hoardings.
Evidence:
But in the instant case, plaintiff has not proved that there exists any obligation from the part of the defendant or there was any breach of any such obligation by the defendant.

Documents & Evidence

Document Type: Certified Copy of Power of Attorney
Submitted By: Plaintiff
Relevance:
Document proving authority of plaintiff's representative.
Reference:
Ext.A1
Document Type: Certified Copy of Power of Attorney
Submitted By: Plaintiff
Relevance:
Document proving authority of another plaintiff's representative.
Reference:
Ext.A2
Document Type: Certified copy of Sale Deed
Submitted By: Plaintiff
Relevance:
Proof of ownership of the plaint schedule property.
Reference:
Ext.A3
Document Type: Copy of Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Document evidencing payment of land tax for the plaint schedule property.
Reference:
Ext.A4
Document Type: Copy of circular
Submitted By: Plaintiff
Relevance:
Circular issued by defendant union pertaining to upcoming protests.
Reference:
Ext.A5
Document Type: Photograph
Submitted By: Plaintiff
Relevance:
Visual evidence of protests related to the case.
Reference:
Ext.A6
Document Type: Print out of photograph
Submitted By: Plaintiff
Relevance:
Additional visual evidence of protests.
Reference:
Ext.A7
Document Type: Copy of circular
Submitted By: Plaintiff
Relevance:
Further circular issued by defendant union regarding protests.
Reference:
Ext.A8
Document Type: Copy of circular
Submitted By: Plaintiff
Relevance:
Circular detailing protest plans of the defendant union.
Reference:
Ext.A9
Document Type: Copy of circular
Submitted By: Plaintiff
Relevance:
Circular concerning demonstrations by the defendant.
Reference:
Ext.A10
Document Type: Copy of Possession Certificate
Submitted By: Plaintiff
Relevance:
Document confirming possession of the plaint schedule property.
Reference:
Ext.A11
Document Type: Certified Copy of Judgment
Submitted By: Defendant
Relevance:
Judgment referencing previous suits involving the same parties.
Reference:
Ext.B1
Document Type: Copy of judgment
Submitted By: Defendant
Relevance:
Judgment in a related case indicating positions relevant to resjudicata.
Reference:
Ext.B2

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Obstruction of business operations
Case Code
Case between The Federal Bank Ltd vs Federal Bank Employee’s Union regarding permanent prohibitory injunction.
Case Code Year
Case between The Federal Bank Ltd vs Federal Bank Employee’s Union regarding permanent prohibitory injunction.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 04/01/2019 - 12:00
Case Closed
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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