CHENNAI PUSHPA VIYABARIGAL AND COMMISSION AGENTS SANGAM REP Vs. CHENNAI PUSHPA VIYABARIGAL THARAGU AGENTS SANGAM REP

JUDGEMENT

(1.) According to the petitioner, the respondents 2, 3 and 4, who were the office bearers of the petitioner-Sangam, viz., Chennai Pushpa Viyabarigal and Commission Agents Sangam, have now delinked themselves from the petitioner-sangam unilaterally and formed a new sangam, viz., Chennai Pushpa Viyabarigal Tharagu Agents Sangam, identical with or too nearly resembling the name of the petitioner-Sangam.

(2.) Alleging that the respondents 2 to 8 after forming the first respondent-sangam and registering the same before the 9th respondent have misappropriated the funds of the petitioner-sangam to the tune of Rs.1.70 Lakhs and are also attempting to encash the amount which was deposited in the name of the petitioner-sangam, the petitioner-sangam seeks a writ of Mandamus to direct the 9th respondent to cancel the registration of the first respondent-sangam and to direct the respondents 3 to 8 to hand over the charges to the newly elected members and the accounts from the year 1996 to 2002.

(3.) It is not in dispute that some of the members of the petitioner-sangam have filed suit O.S.No.3243 of 2002 on the file of the XVII Assistant City Civil Court at Chennai seeking bare injunction against the first respondent-sangam and its office bearers.