JUDGEMENT DATED 8 1 2013.pdf - tneb engineers' sangam, chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
TUESDAY, THE 8 TH DAY OF JANUARY 2013
THE HON’BLE MR. JUSTICE VINOD K. SHARMA
O.A. Nos.869 and 870 of 2012
in
C.S. No.689 of 2012
1. Tamil Nadu Electricity Board Engineers’ Sangam
Registration Number 124/MDS (Recognised),
Rep. by its General Secretary, Mr.V.Ashok Kumar,
793, Anna Salai, Chennai-600 002.
2. Mr.V.Ashok Kumar,
Son of Mr.J.Vilvanathan
General Secretary
Tamil Nadu Electricity Board Engineers’ Sangam
793, Anna Salai, Chennai-600 002. … Applicants / Plaintiffs
(in both original applications)
Vs
1. Mr.S.Manoharan,
Son of Mr.Srinivasan
Junior Engineer (Electrical) / Safety Officer
North Chennai Thermal Power Station
2. Mr.Kalyanasundaram,
Son of Mr.A.Kanniappan,
Executive Engineer / K.K. Nagar / Chennai South,
3. Mr.R.Govindarajan,
Son of Mr.A.Rajaram,
Assistant Executive Engineer
4. Mr.M.Subramanian,
Son of Mr.A.Muthu,
Assistant Executive Engineer/Cables/Madurai/Metro,
… Respondents/Defendants
(in both original applications).

O.A. No.869 OF 2012
Original Application praying that this Hon’ble Court be pleased to pass an order
of ad-interim injunction restraining the Defendants, their servants, and agents from
holding themselves out as the duly elected office bearers of the 1 st Plaintiff.
O.A. No.870 OF 2012
Original Application praying that this Hon’ble Court be pleased to pass an order
of ad-interim injunction restraining the Defendants, their servants, and agents from
obstructing and interfering with the functioning and management of the plaintiff including
by misusing the name of the 1 st plaintiff, the letterheads, receipt books and cash
vouchers of the 1 st plaintiff.
The Original Applications having been heard on 17/12/2012 in the presence of
Mr.V.Prakash, Senior Counsel for M/s.R.Sunil Kumar & Sundar Narayan, Advocates for
the applicants in both Original Applications and Mr.L.Chandrakumar, Advocate for the
respondents 1, 2 and 4 in both original applications and Mr.N.Anand, Advocate for the
3 rd respondent in both original applications and upon reading the Judges summons and
the affidavit of V.Ashok Kumar, filed in O.A.No.869 of 2012 and the Judges summons
and the affidavit of V.Ashok Kumar, filed in O.A.No.870 of 2012 and counter affidavit of
Kalyanasundaram and the reply affidavit of V.Ashok Kumar filed herein and the plaint
and having stood over the consideration till this date and coming on this day before this
Court for orders in the presence of the said advocates for the parties hereto,
it is ordered as follows:-
That (1) S.Manoharan, Junior Engineer (Electrical) / Safety Officer, (2)
Mr.Kalyanasundaram, Executive Engineer / K.K.Nagar / Chennai South (3) R.
Govindarajan, Assistant Executive Engineer, and (4) M.Subramanian, Assistant
Executive Engineer / Cables / Madurai / Metro, the respondents / defendants in
O.A.Nos.869 and 870 of 2012 their servants, and agents be and are hereby restrained
by an order of interim injunction till the disposal of the suit from
(a) holding themselves out as the duly elected office bearers of the 1 st Plaintiff herein
and
(b) obstructing and interfering with the functioning and management of the plaintiff
including by misusing the name of the 1 st plaintiff herein, the letterheads, receipt
books and cash vouchers of the 1 st plaintiff herein.
2. That there shall be no costs.
WITNESS THE HON’BLE THIRU ELIPE DHARMA RAO, ACTING CHIEF
JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 8 TH DAY OF
JANUARY 2013.
Sd/-
ASSISTANT REGISTRAR (O.S.II)