INDIAN MEDICAL ASSOCIATION CALCUTTA Vs. INDIAN MEDICAL ASSOCIATION

JUDGEMENT

(1.) THIS is a suit for mandatory injunction. The plaintiff is the Calcutta Branch of defendant - Indian Medical Association, which is a Society, registered under the Societies Registration Act of 1860 and has been established with a view to promote and advance medical and allied sciences and promote cooperation amongst its members. The constitution of the defendant envisages a three tier system comprising of an apex association i.e. Indian Medical Association, State Councils and Local Branches. Rule 15-B of Bengal State Branch of IMA, as amended in the year 2007 provides that local branches will elect their representatives to the Bengal State Council on the following scale:

(2.) SINCE the defendant failed to file Written Statement despite service, its right to file Written Statement was closed vide order 2nd May, 2011. The plaintiff, however, was directed to file affidavit by way of evidence in support of the case set up by it. The plaintiff has accordingly file affidavit of its Vice President Dr. Pradeep Kumar by way of evidence. In his affidavit by way of evidence Dr. Pradeep Kumar supported on oath the case set out in the plaint.

(3.) SUB Rule (A) of Rule 19 deals with the composition of the Central Council. The persons specified in Clause (A) of Rule 19 are Ex-Officio Members of the Central Council. SUB Rule (B) of Rule 19 on which reliance has been placed by the plaintiff reads as under: