LAWS(MAD)-2010-12-109

GOKULAM CHIT AND FINANCE COMPANY P LTD ITS DIRECTOR, OPERATIONS V C PRAVEEN HAVING ITS OFFICE REPRESENTED BY Vs. JOHNY SAGARIGA CINEMA SQUARE REPRESENTED BY JOHNY THOMAS KERALA

Decided On December 21, 2010
RT.REV.DR.H.A.MARTIN Appellant
V/S
TAMIL EVANGELICAL LUTHERAN CHURCH REP. BY ITS SECRETARY Respondents

JUDGEMENT

(1.) WHILE the civil revision petitions arise out of two exparte orders, passed by the I Additional Sub-Court, Trichy (i) granting an ad-interim injunction and (ii) directing the police to break open and hand over the records, pending a suit, the contempt petitions arise out of (i) a final order passed by me in CRP (MD)No. 2026 of 2010; and (ii) an interim order passed by me in CRP (MD) No.2386 of 2010.

(2.) I have heard Mr.P.S.Raman and Mr.R.Muthukumaraswamy, learned senior counsel and also Mr.Veera Kathiravan, learned counsel appearing for the Bishop/President of the Tamil Evangelical Lutheran Church, who is the petitioner in both the civil revision petitions and also the petitioner in one contempt petition and Mr.T.V.Ramanujun, learned senior counsel and Mr.G.Masilamani, learned senior counsel for the elected members of the Church Council and their supporters, who are respondents in both the civil revision petitions and in one contempt petition and the petitioner in another contempt petition.

(3.) BUT the learned Sub Judge passed an order in I.A.No.1119 of 2010 granting an interim order of injunction restraining the Bishop/President from interfering with the Church Council Members from administering the affairs of the Society, after holding that "caveator has no right to insist to be heard before passing the interim order". BUT, fortunately, the learned Sub Judge, against whom certain allegations are now made, did not go to the extent of disposing of the application for injunction on the same day.