Case Summary
The plaintiff, S Saji, a CEO of Sujilee Colour Printers, is contesting actions taken by the Kerala Master Printers Association after he was blacklisted due to issues over a canceled tour. He seeks to declare the association's actions as illegal and restore his rights.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed by mandatory injunction to allow the plaintiff to participate in the meetings and other activities of the 1st defendant association.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, declaring the show cause notice and subsequent actions against him as illegal and ordering the defendants to allow him to participate in all Association activities.
Why Plaintiff Won:
The court determined that the defendants acted beyond their authority as prescribed by their own bylaws.
The court determined that the defendants acted beyond their authority as prescribed by their own bylaws.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The show cause notice was issued without adhering to the Association's bylaws, possessing no legitimacy to bind the plaintiff.
Judgment Evidence:
It is hereby declared that show cause notice dated 18.01.2022 and the subsequent letter dated 22.02.2022 issued by defendants to the plaintiff intimating its decision to keep off plaintiff from the activities and communications of the 1st defendant association is arbitrary, illegal and against the bye law of the association and not binding on the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- S Saji
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kerala Master Printers Association
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- D Manmohan Shenoy
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Louis Francis
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- R Haridas
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Brochure jointly issued and emailed to members, minutes of the meeting of the executive committee held on 27.03.2021, show cause notice dated 18.01.2022, detailed reply to the show cause notice given to the 1st defendant.
Defendants Documents
True printout of the email issued by the 1st defendant, printout of the minutes of meetings of the managing committee.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anjali N
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P Jayabal Menon
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rekha Agarwal
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Joseph Gregory
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Nazrin Banu
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
The show cause notice and subsequent letter were declared illegal and not binding on the plaintiff.
Evidence:
It is hereby declared that show cause notice dated 18.01.2022 and the subsequent letter dated 22.02.2022 issued by defendants to the plaintiff intimating its decision to keep off plaintiff from the activities and communications of the 1st defendant association is arbitrary, illegal and against the bye law of the association and not binding on the plaintiff.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants were directed to allow the plaintiff to participate in meetings and send communications.
Evidence:
The defendants are directed by mandatory injunction to allow the plaintiff to participate in the meetings and other activities of the 1st defendant association and to send all the communications relating to the 1st defendant association to the plaintiff also.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants were directed to pay costs of the suit to the plaintiff.
Evidence:
Considering the facts and circumstances of the case, plaintiff is entitled to get the costs of the proceedings.
Documents & Evidence
Document Type:
Brochure
Submitted By:
Plaintiff
Relevance:
The brochure jointly issued and emailed to members clearly stated the non-refundable registration fee.
Reference:
Ext.A1
Document Type:
Minutes of Meeting
Submitted By:
Plaintiff
Relevance:
The minutes of the executive committee meeting held on 27.03.2021 were recorded.
Reference:
Ext.A2
Document Type:
Consumer Dispute Petition
Submitted By:
Plaintiff
Relevance:
Copy of the petition filed by the 1st defendant to represent 20 members addressing refund issues.
Reference:
Ext.A3
Document Type:
Show Cause Notice
Submitted By:
Plaintiff
Relevance:
The notice issued by the defendants alleging misconduct and tarnishing the President's image.
Reference:
Ext.A4
Document Type:
Reply to Show Cause Notice
Submitted By:
Plaintiff
Relevance:
The detailed reply submitted by the plaintiff in response to the show cause notice.
Reference:
Ext.A5
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
The notice issued by the 1st defendant regarding the suspension of the plaintiff from activities.
Reference:
Ext.A6
Document Type:
Memorandum of Association
Submitted By:
Plaintiff
Relevance:
The bye-laws governing the 1st defendant association.
Reference:
Ext.A8
Document Type:
Email
Submitted By:
Defendant
Relevance:
A true printout of the email issued by the 1st defendant communicating the acceptance of the tour proposal.
Reference:
Ext.B1
Document Type:
Tour Itinerary
Submitted By:
Defendant
Relevance:
True printout of the itinerary detailing the tour arrangements with members.
Reference:
Ext.B2
Document Type:
Email
Submitted By:
Defendant
Relevance:
True printout of the email issued by the plaintiff regarding tour cancellation.
Reference:
Ext.B4
Document Type:
Email
Submitted By:
Defendant
Relevance:
The printout of minutes of the managing committee meeting discussing the disciplinary actions.
Reference:
Ext.B14
Document Type:
Meeting Minutes
Submitted By:
Defendant
Relevance:
Printout of the minutes of the executive committee meeting deciding to issue a show cause notice.
Reference:
Ext.B16
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Misconduct by association members
Case Code
Case between S Saji vs Kerala Master Printers Association et al regarding declaration and mandatory injunction
Case Code Year
Case between S Saji vs Kerala Master Printers Association et al regarding declaration and mandatory injunction