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O.S. No.823/2017

Case between K. Sureshchandran vs Tripunithura Merchant’s Union et al regarding declaration and injunction

Court
II Additional Munsiff, Ernakulam
Judge
Smt. Maneesha K Bhadran
Order Date
2024-02-17
Duration
approximately-6 years 8 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, K. Sureshchandran, is a member and former secretary of the Tripunithura Merchant’s Union. He filed a suit challenging his suspension from the union and seeking injunction against the union from conducting meetings until the dispute is resolved.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit filed by K. Sureshchandran, ruling that his suspension from the Tripunithura Merchant’s Union was valid and complied with the bye-laws. Plaintiff was also ordered to pay costs.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by K. Sureshchandran, ruling that his suspension from the Tripunithura Merchant’s Union was valid and complied with the bye-laws. Plaintiff was also ordered to pay costs.
Key Reasoning:
The court found that the suspension was carried out according to the prescribed bye-laws and that the plaintiff did not establish any claim for illegal suspension.
Why Defendant Won:
The court found that the suspension was carried out according to the prescribed bye-laws and that the plaintiff did not establish any claim for illegal suspension.
Supporting Evidence
The evidence of PW1 would show that he voluntarily resigned from the post of secretary to clear allegations of misappropriation of funds against him. The court highlighted that the suspension was communicated and approved as required by the bye-law.

Judgment Evidence:

In the result, the suit is dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
K. Sureshchandran
Party Age
54
Relation
S/o N.R.C. Menon
Party Role
Defendant
Party Name
Tripunithura Merchant’s Union
Relation
Represented by its Secretary V.K. Rajeevan
Party Role
Defendant
Party Name
Thomas Paul
Relation
President, Tripunithura Merchant’s Union
Party Role
Defendant
Party Name
V.K. Rajeevan
Relation
Secretary, Tripunithura Merchant’s Union
Party Role
Defendant
Party Name
T.P. Roy
Relation
Treasurer, Tripunithura Merchant’s Union
Party Role
Defendant
Party Name
Kerala Vyapari Vyavasai Ekopana Samithi
Relation
Represented by its President, P.A.M. Ibrahim
Plaintiffs Documents
True copy of the Registration Certificate No.EKM/TC/731/2012 of the 1st defendant Tripunithura Merchant’s Union, True copy of the membership certificate and identity card.
Defendants Documents
Certified true copy of the minutes of the meeting of the 1st defendant dated 22.03.2017.

Advocates

Party Role
Plaintiff
Advocate Name
Rajeshkumar.T.K.
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Aparna Somarajan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K.R.Vinod
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K.S.Sangeetha
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sreerekha.K.S.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Rahul.S.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Aswin Venugopal
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Paul.P. Mathew
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Mariya Antony
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Anuros Martin
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Martin Sivi
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
George Roy
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Renjith.B.Marar
Appearance Type
Main Counsel

Reliefs

Relief Type: Declaration
Outcome: Refused
Description:
Plaintiff sought a declaration that the suspension is void ab initio.
Evidence:
The above issues are answered against plaintiff.
Relief Type: Permanent Injunction
Outcome: Refused
Description:
Plaintiff sought a permanent prohibitory injunction against the defendants.
Evidence:
Plaintiff is not entitled to get injunction as sought for.
Relief Type: Mandatory Injunction
Outcome: Refused
Description:
Plaintiff sought a mandatory injunction to allow participation in meetings.
Evidence:
Plaintiff is not entitled to get injunction as sought for.

Documents & Evidence

Document Type: Registration Certificate
Submitted By: Plaintiff
Relevance:
Proves the registration of the 1st defendant Tripunithura Merchant’s Union.
Reference:
Ext.A1
Document Type: Memorandum of Association
Submitted By: Plaintiff
Relevance:
Details the governing rules of the 1st defendant.
Reference:
Ext.A2
Document Type: Bye Law
Submitted By: Plaintiff
Relevance:
Dictates the operational regulations of the 1st defendant.
Reference:
Ext.A3
Document Type: Constitution and Bye Law
Submitted By: Plaintiff
Relevance:
Foundation document outlining the governance of the Kerala Vyapari Vyavasai Ekopana Samithi.
Reference:
Ext.A4
Document Type: Membership Certificate
Submitted By: Plaintiff
Relevance:
Confirms the membership of the plaintiff in the 1st defendant.
Reference:
Ext.A5
Document Type: Membership Card
Submitted By: Plaintiff
Relevance:
Serves as identification of the plaintiff's membership.
Reference:
Ext.A6
Document Type: Resignation Letter
Submitted By: Plaintiff
Relevance:
Indicates the plaintiff's formal resignation from the committee.
Reference:
Ext.A7
Document Type: Charge Sheet
Submitted By: Plaintiff
Relevance:
Outlines allegations against the plaintiff leading to suspension.
Reference:
Ext.A11
Document Type: Reply to Charge Sheet
Submitted By: Plaintiff
Relevance:
Plaintiff's defense against the allegations presented in the charge sheet.
Reference:
Ext.A12
Document Type: Suspension Letter
Submitted By: Plaintiff
Relevance:
Documents the plaintiff's suspension from membership.
Reference:
Ext.A14
Document Type: Minutes of Meeting
Submitted By: Defendant
Relevance:
Records the decision to suspend the plaintiff from membership.
Reference:
Ext.B1
Document Type: Letter from 5th Defendant
Submitted By: Defendant
Relevance:
Confirms that the suspension of the plaintiff was communicated and approved.
Reference:
Ext.B2
Document Type: Oral Evidence
Submitted By: Oral evidence
Relevance:
Supports the claims and defenses presented by both parties.
Reference:

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between K. Sureshchandran vs Tripunithura Merchant’s Union et al regarding declaration and injunction
Case Code Year
Case between K. Sureshchandran vs Tripunithura Merchant’s Union et al regarding declaration and injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 02/17/2017 - 12:00
Case Closed
From
Thu, 02/01/2024 - 12:00
To
Thu, 02/29/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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