MANOJ Vs. SREE NARAYANA DHARMA PARIPALANA YOGAM

JUDGEMENT

(1.) The plaintiffs in O.S.No.77 of 2019 of Principal Munsiff Court, Kollam in a suit for permanent prohibitory injunction are the revision petitioners. Respondents are the defendants before the court below.

(2.) The plaintiffs are the members of first defendant, Sree Narayana Dharma Paripalana Yogam ('Yogam' in short), represented by its General Secretary, the second defendant. Other defendants are the representatives of the constituent unions of the yogam. The prayer sought in the suit was to permanently injunct the second defendant from convening, holding and conducting annual general meeting of the first defendant proposed to be held on 15.02.2019 or any other annual general meeting, for moving the amendments proposed in the notice produced along with the plaint. Along with the suit, an interim injunction in the above terms was sought, by filing I.A.No.562 of 2019. Defendants appeared and filed objections, inter alia, contending that, being a non trading company, in the light of the bar under the Companies Act , suit was not maintainable. Repelling the above objections, interim injunction as sought was granted by the learned Munsiff. This was challenged by the defendants 1 and 2 in C.M.A.No.7 of 2019. Learned first Additional District Judge, Kollam, by the impugned judgment allowed the appeal and held that the suit was not maintainable, in the light of the Companies Act 2013, which provided for an alternate forum of adjudication of the disputes. Consequently, the court below was directed to return the plaint. It was held that the suit was not maintainable in a civil court. This is under challenge at the instance of the plaintiffs.

(3.) Heard the learned counsel for the revision petitioners and learned counsel for the respondents.