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2025 DAILYLAW 41376 (MAD)

Abhay S Mehta v. Shri Gujarati Swetamber Sthanakwasi Jain Society and 2 others

CS/66/2025 · 2025-04-09

K Kumaresh Babu

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CS NO. 66 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-04-2025 CORAM THE HONOURABLE MR JUSTICE K.KUMARESH BABU CS NO. 66 of 2025 and OA Nos.318 and 319 of 2025 Abhay S Mehta Plaintiff Vs 1. Shri Gujarati Swetamber Sthanakwasi Jain Society Represented by its Secretary, Mr.Kiritibhai Parekh, C.U.Shah Bhavan, 78/79, Ritherdon Road, 2. Kiritibhai Parekh 3. Pravinbhai Turakhia Defendants Suit is filed for (a) a decree of declaration that the resolution passed in the Annual General Body Meeting conducted on 16.02.2025 permitting the Ordinary members to convert their memberships into Associate Life membership is null and void (b) a prohibitory injunction restraining defendant No.1 and its officials from putting into effect the resolution passed in the Annual General Body meeting conducted on 16.02.2025 permitting the Ordinary members to convert their memberships into Associate Life Memberships © a prohibitory injunction restraining defendant No.1 and its officials from conducting the election of the associate life members using the electrol rolls as on 16.02.2025 and (d) a mandatory injunction directing the defendant No.1 and its officials to conduct the election among the associate 1/4 https://www.mhc.tn.gov.in/judis life members using electoral rolls of associate life members eligible to vote as on 15.02.2025. For Plaintiff: Mr.Jacob Kurian For Defendants: M/s.Shakespeare JUDGMENT A Memo has been filed by the plaintiff indicating that after initiation of the suit, by further resolution, the defendants, by Notification dated 05.04.2024, have withdrawn the resolution unconditionally. Learned counsel for the plaintiff has also made an endorsement to that effect in the court bundle. 2. Recording the said Memo and also in view of the endorsement made by the learned counsel for the plaintiff, the suit is dismissed as withdrawn. No costs. Consequently, connected applications are closed. 3. Registry is directed to refund the court fee, as per the relevant rules. 09-04-2025 Index:yes/no Website:yes/no 2/4 https://www.mhc.tn.gov.in/judis To 1. Shri Gujarati Swetamber Sthanakwasi Jain Society and 2 others Reresented by its Secretary, Mr.Kiritibhai Parekh, C.U.Shah Bhavan, 78/79, Ritherdon Road, Purasawalkam, Chennai - 600 007. 2. Kiritibhai Parekh Secretary, Shri Gujarati Swetamber Sthanakwasi Jain Society, C.U.Shah Bhavan, 78/79, Ritherdon Road, Purasawalkam, Chennai - 600 007. 3. Pravinbhai Turakhia Prsident, Secretary, Shri Gujarati Swetamber Sthanakwasi Jain Society, C.U.Shah Bhavan, 78/79, Ritherdon Road, Purasawalkam, Chennai - 600 007. 3/4 https://www.mhc.tn.gov.in/judis K.KUMARESH BABU.J., sr CS NO. 66 of 2025 09.04.2025 4/4 https://www.mhc.tn.gov.in/judis