KADAVIL MOIDEEN BAPPU Vs. K.M.BABU

JUDGEMENT

(1.) After hearing both sides in-extensoand considering the fact that the main relief was sought against convening of an extraordinaryGeneral Meeting, which was proposed to held on 26.03.2019 and that it was injuncted by the Court below by an order restraining the petitioners herein from convening the meeting until further orders. I feel that, rival contentions need not be adverted to at present.

(2.) The learnedcounselforthepetitioners submitted that, at present, he will be satisfied, if the Court below is directed to consider the question of maintainabilityraisedby him in Ext.P3 application, at the earliest. It is also seen that, thought the reliefsought was torestrain the petitionersherein from conducting the meeting proposed on 26.03.2019, and that the order granted restrainedthe petitioners fromconductingthe meeting until furtherorders,Ifeelthat order requires clarification. Hence it is clarified that the interim order granted by the Court below which is impugnedin this original petition will be confined to the first relief sought in the suit, that is in relation tothemeeting whichwas proposed to be held on 26.03.2019. It seems that, since the meeting has not been convened on that day, the order has virtually worked itself out. The Court below shalltakeupand consider theissue of maintainability raised in Ext.P3, as expeditiously as possible, at any rate, within a period of one month from the date of production of a copy of this judgment. The original Ext.P5 order, if is applied for, may be returned to the petitioners. The original petition (civil) is disposed of as above.