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CASE NO.: Appeal (civil)  1101 of 2008

PETITIONER: K.R.Suryanarayana

RESPONDENT: The A.P.Comml. Taxes Non-Gazetted Officers’Association & Anr.

DATE OF JUDGMENT: 04/02/2008

BENCH: S.B. SINHA & V.S.SIRPURKAR

JUDGMENT: JUDGMENT               ORDER CIVIL APPEAL NO.1101  /2008 (@SLP(C) No.19637 /2007)

               Leave granted.                 First respondent is an association. Andhra Pradesh Commercial  Taxes Non-Gazetted Officers and Class-IV Employees Association(respondent No.3  before the High Court) of which appellant claims himself to be an elected President is  also an association purporting to be representing the same set of employees.                  Disputes  and  differences having  arisen between the office bearers  of these two associations as regards the name under which they can function, an  application was filed by the respondents herein before the Chief Judge, City Civil  Court, Hyderabad raising a dispute in terms of  Section 23 of the Andhra Pradesh  Societies Registration Act,2001) praying, inter alia, for a declaration that  the  first   respondent  alone  was  entitled to use the  name Andhra Pradesh Commercial Taxes Non-Gazetted Officers’ Association and the  appellant herein  and the Andhra Pradesh  -1-

Commercial Taxes Non-Gazetted Officers and Class-IV Employees  Association(respondent No.3 before the High Court) were not and could not associate  themselves therewith.         Appellant and the Andhra Pradesh Commercial Taxes Non-Gazetted  Officers and Class-IV Employees Association(respondent No.3 before the High Court)  in their written statement, inter alia, raised a contention that from the name of  Andhra Pradesh Commercial Taxes Non-Gazetted Officers’ and Class IV Employees  Association the words " Class IV Employees" have since been deleted. It was  furthermore pointed out that on  a representation made by the appellant herein; the  Government of Andhra Pradesh had issued a Memorandum dated 30.10.2004 holding  that the words " Andhra Pradesh" from the name of Society bearing Registration No.  600/2004 would be deemed to be non-existent from the date of registration of the  society.         Indisputably, Respondents  had filed a writ petition thereagainst before the  High Court of Andhra Pradesh at Hyderabad which was marked as Writ Petition No.  21170 of 2004. In the said writ petition a miscellaneous application being WPMP  No.  2733/2004 was filed and the learned Single Judge of the said Court by an order dated  8.12.2006 while admitting the said writ petition dismissed the said WPMP.  Presumably, that is the reason that the Andhra Pradesh Commercial Taxes Non- Gazetted Officers and Class-IV Employees  -2-

Association(respondent No.3 before the High Court) is not a party before this Court.

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       In the mean time, it is stated  owing to non-payment of process-fee as against  Andhra Pradesh Commercial Taxes Non-Gazetted Officers and Class-IV Employees  Association(respondent No.3 before the High Court), the suit filed by the respondents   before the Chief Judge, City Civil Court, Hyderabad was dismissed.         We are not concerned with the correctness of the said statement. But it  appears that the name of Andhra Pradesh Commercial Taxes Non-Gazetted Officers  and Class-IV Employees Association(respondent No.3 before the High Court)  continued in the records and in fact the learned trial Judge by reason of a judgment   dated 25.7.2007, inter alia, decreed the said suit directing as under:          1. That the petition be and the same is                 hereby  allowed as prayed for.

2. That the 1st petitioner alone is entitled to use the  name of  APCTNGOs Association.

3. That the respondents are not entitled to use the   name or  associate with the name APCTNGOs Association.

4. That all communications/circulars/press notes dated  18.5.2004 issued by the 1st respondent are declared as illegal.

5. That consequential injunction is granted against the  respondent Nos. 1 & 2 for using the name of the Andhra  Pradesh Commercial Tax Non-Gazetted Officers Association  vide its circular and holding a General Body in the name of  the said Association (of the Association) on 11.6.2004.

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6. That in the circumstances, each party do bear their own  costs."

               Appellant filed Civil Revision Application before the High Court.  By and order dated 7.9.2007, a learned Single Judge of the High Court directed  status-quo as on the said date to be maintained until further orders. An application  for vacating the said interim order was filed by the respondent Nos. 1 and 2.          By reason of the impugned judgment, the  said High Court by an order  dated 1.10.2007 vacated the said order of stay holding as under:         " After hearing the parties at length and on a consideration of the  voluminious evidence before it, the Trial Court decreed the O.P. as prayed for.

        Several contentions are urged on behalf of the petitioner touching on merits  as well as maintainability of the very O.P. In the limited context of the interim order,  it is to be noted that the petitioner is only an individual, whereas the declaration  prayed for in the O.P. is in relation to an association. As long as the petitioner is not  an association, it cannot be said that he has got any genuine grievance. The Certificate  of registration issued in favour of the 1st respondent is still intact. The impact of the  various proceedings that are said to have ensured thereafter, needs to be considered  at the hearing of the revision."         Mr. Raju Ramachandran, learned senior counsel appearing on behalf of the  appellant would submit that the impugned order is based on a wrong premise in so  far as the decree was not only passed as against  Andhra Pradesh Commercial Taxes  Non-Gazetted Officers and Class IV Employees Association(respondent No.3 before  the High Court) but also against the appellant herein and the Certificate of  -4-

registration issued in favour of respondent No.1 was not intact in view of the  aforementioned Memorandum No. 5588/Society/2004 dated 30.10.2004 which was

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communicated to them by reason of communication dated 6.10.2006.         Mr. L.N. Rao, learned senior counsel appearing on behalf of the  respondents, on the other hand, would submit that the Andhra Pradesh Commercial  Tax Non-Gazetted Officers and Class-IV Employees Association is a defunct society  inasmuch as the words " and Class-IV Employees Association" are said to have been  deleted.         Indisputably, the appellant herein had been taking up the cause of the  employees of the Government of Andhra Pradesh purported to be on the basis that he  was the President of the Andhra Pradesh Commercial Tax Non-Gazetted Officers and  Class-IV Employees Association. If the contention of Mr.Raju Ramachandran,  learned senior counsel that the suit has been dismissed as against the  Andhra  Pradesh Commercial Tax Non-Gazetted Officers and Class-IV Employees  Association, is correct, evidently the decree passed by the learned XII Additional  Chief Judge,City Civil Court at Hyderabad is without jurisdiction.         Furthermore, prima-facie the name of the respondent No.1 did not remain  the same in view of the aforementioned Memorandum dated 30.10.2004 which has  been communicated to it by communication dated 6.10.2006.                                 -5-

               We are, therefore, of the opinion that the matter should be heard  out by the High Court afresh on merit. We would request the High Court to consider  the desirability of taking up the pending Civil Revision Application with writ petition  No.21170/2004 so that the disputes between the parties hereto may be finally resolved.                 While setting aside the impugned judgment, we would request the  High Court to hear out the matters as expeditiously as possible and preferably within  a period of three weeks from the date of communication of this order. We would,  however, may observe that in the fitness of things and keeping in view the nature of  dispute between the two associations, it would be appropriate if the concerned  authorities of State Government do not pass any order on the representation filed by  any of these associations till an appropriate order thereupon is passed by the High  Court. The appeal is allowed on the aforementioned terms.         Let the Registry send a copy of this order to the Registrar General of the  Andhra Pradesh High Court so that necessary action may be taken in terms of this  order.