G. Sivakuamr v. Central Registrar of Co-operative Societies Ministry of Agriculture Department of Agriculture & Co-operation Krishi Bhavan New Delhi
2015-03-20
R.MAHADEVAN
body2015
DigiLaw.ai
JUDGMENT : Original Application praying that this Hon'ble Court be pleased to grant interim injunction restraining the 4th respondent from functioning as the Chief Executive of the 3rd Respondent Society. This Original Application having been heard on 29/01/2015 in the presence of Mr. Balan Haridas, Advocate for the applicant herein and Mr. D. Vijayakumar, Additional Central Government Standing Counsel, appearing for the 1st respondent herein and Mr. Muthukumarasamy, Senior Counsel for M/s. A. Jenasenan & E. Manoharan, Adcocates for the respondents 3 and 4 herein and upon reading the Judges Summons and the affidavit of G. Sivakumar and the counter affidavit of P.Sampath and N. Manivannan and the Reply affidavit of G. Sivakuamr and the Rejoinder of N. Manivannan filed herein and having stood over for 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 and this court observing that the relief of injunction would be beyond the scope of ‘interim measure’ as contemplated under section 9, if such injunction is granted, it would paralyse the entire activities of the society. Therefore, the balance of convenience is also in favour of the 3rd respondent. If there are irregularities or mismanagement, the same can be agitated before appropriate forum for removal of such officer, further, the challenge in the claim petition can only be to the appointment of the 4th respondent, therefore, any finding given by this court would also affect the rights of the parties, similarly, this court feels that the allegations regarding the influence of a third party in appointments are all unnecessary to this application and hence this court is not inclined to go into the same and in view of the above facts this court is not inclined to grant the interim injunction. It is ordered as follows:- That the O.A.No.139 of 2013 do stand dismissed. 2. That there shall be no costs.