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AMIT BANSAL
DORIS CHUNG GIM LIAN – Appellant
Versus
SHANTANU PRAKASH – Respondent
JUDGMENT :
[Amit Bansal, J.]
I.A.2750/2022 (O-XXXIX R-1 & 2 of the CPC) and I.A.3857/2022 (of the defendant no.4 u/O-XL R-1 & 2 of the CPC)
1. By way of the present judgement, I shall decide the application filed on behalf of the plaintiffs under Order XXXIX Rules 1 and 2 read with Order XL of the Code of Civil Procedure, 1908 (CPC) for appointment of the defendant no.10 as an administrator for the defendant no.9, Jai Radha Raman Education Society [hereinafter “defendant no.9 Society”] and the application filed on behalf of the defendant no.4 under Order XXXIX Rules 1 and 2 of the CPC for appointment of a neutral person as an administrator for the defendant no.9 Society.
2. Submissions in the matter were heard on 28th January, 2022, 18th February, 2022, 10th March, 2022, 9th May, 2022, 22nd July, 2022, 25th July, 2022, 14th September, 2022, 11th October, 2022, 22nd November, 2022 and 19th December, 2022, when judgment was reserved in the captioned applications. Written submissions have also been filed on behalf of the plaintiffs and the defendants no. 4 and 5.
3. For ease of reference, the plaintiffs no.1 and 2 and the defendants no.10 to 15 are collectively referred to as the “Raffl
The central legal point established in the judgment is the need to conclusively resolve the issue of representation of the respondent-society before allowing the arbitral proceedings to continue, and....
Interim relief and appointment of an administrator in Society management disputes must be based on complete pleadings and afford natural justice, and should not be granted if it effectively decides t....
The appointment of an administrator does not confer the power to induct new members, as it would disturb the democratic process and take away the supremacy of the general body.
The suit under Section 92 of the CPC is maintainable as the Sabha is deemed a public Trust, enabling remedial actions against mismanagement despite being registered as a Society.
A public trust registered as a society under the Tamil Nadu Societies Registration Act can still be managed under Section 92 of the CPC, allowing civil court intervention for breach of trust allegati....
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