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2023 DIGILAW 466 (KER)

Integrated Rural Technology Centre v. J Sundaresanpilla, S/o. Gopala Pillai

2023-06-21

P.SOMARAJAN

body2023
JUDGMENT : 1. It is pertaining to an order of injunction granted by the trial court not to proceed with the enquiry as against the plaintiff till the disposal of the suit. Plaintiff admittedly is the Director of the 1st defendant Society. Earlier some resolutions were passed by which Executive Committee was authorized to select an Accountant pertaining to the Society. But the Accountant selected was found to be not having the knowledge or expertise with respect to “Tally” software. It is against the said appointment, proceedings were initiated against the Director/plaintiff and he was suspended from his office by the Chairman of the Society. It is fairly submitted by the learned Counsel for the petitioners that they do not want any interference in the matter of suspension, but as the enquiry is already commenced, the interim order of injunction prohibiting to proceed with the enquiry cannot be sustained in view of the fact that it is also a procedure available to the Society pertaining to its administration. Necessarily, the interim injunction granted not to proceed or commence any enquiry as mandated cannot be sustained and liable to be rectified by exercising the jurisdiction under Article 227 of the Constitution. Hence, the order of injunction will stand modified to that extent. 2. This O.P(C) will stand disposed of accordingly.