CHRISTOPHER GNANASEKARA BABURAO Vs. MADRAS CHRISTIAN COLLEGE ASSOCIATION

JUDGEMENT

(1.) The suit has been filed by one Christopher Gnanasekara Baburao for the following reliefs:

(2.) The contention raised by the plaintiff is that the defendant namely Madras Christian College is a private company incorporated under the provision of the Companies Act, and the plaintiff is one of the nominee members of the Association.

(3.) The plaintiff's grievance is that for the Annual General Meeting, dated 28.09.2017, he was not served 21 days prior notice as per the statute and the intention of the majority members is to oppress the Minorities more particularly the nominees of the church. This Court while taking the plaint on file, has passed ad interim order in the Interlocutory Application. After service of suit summon, the defendant has filed Application in A.2626 of 2018 to reject the plaint on the ground that the defendant being a company registered under the Companies Act, there is a statutory bar under Section 430 of the Companies Act, 2013, to entertain Civil Suit. The averments made in the plaint squarely falls under Section 241 of the Companies Act, wherein it is stated that any alleged act of oppression or act of prejudice shall be redressed through Tribunal.