MADRAS HIGH COURT
S. PALANIVELU, J.
S.R. Trust, Meenakshmi Mission Hospital & Research Centre & Others
Versus
S. Ramesh, Trustee, S.R. Trust
C.R.P.(PD)(MD). No. 822 of 2012 & M.P.(MD) Nos. 1, 2 & 4 of 2012
Decided On : 17-10-2012
B. CIVIL PROCEDURE CODE, 1908 - Order 39, Rule 3 - Intent and purpose of rule (3) in Order 39 - Condition introduced by rule (3) is that the court "shall record the reasons" why an ex parte order of injunction was being passed in the facts and circumstances of a particular case - Conduct of respondent in CRP after suppressing fact asto filing of plaint and return thereof was condemnable - Fine of Rs. 1 Lakh imposed - CRP allowed with directions. (Para 35)
Result : CRP allowed with directions.
1. By means of a registered Declaration of Trust Deed dated 09.05.1985, a public trust by name "SR Trust" was constituted by Dr.N.Sethuraman, second petitioner herein and six others as trustees. The primordial objects of the Trust are to serve the public by providing medical relief to the sick, disabled and handicapped and to promote research in disease, to establish medical institutions and research etc., By virtue of Clause No.6 of the Trust deed, the second petitioner shall be the President and his wife the third petitioner shall be the Secretary of the Board of Trustees and Clause No.7 authorises the President to nominate and appoint at any time additional trustees or remove any trustee according to his will, while Clause No.8 provides that the vacancies caused by resignation or retirement or removal or otherwise of the trustee may be filled in by nomination by the Founder during his life time and subsequently by the President. On 20.06.2003, a supplementary deed was executed and registered in order to fill up the vacancies created by the death of two trustees. By an unanimous resolution adopted by the trustees, the respondent herein and the fourth petitioner were appointed as trustees to hold the office for the duration of their life time.
2. Yet another supplementary deed dated 22.07.2005 came to be registered with incorporation of Clause 3(a) by means of which, the respondent shall be the Director of Academics, who shall administer the educational institutions of the Trust, whereas the Managing Trustee of the Trust shall administer Meenakshi Mission Hospital and Research Centre, a hospital run by the trust. On 10.06.2010, a supplementary deed of Trust was registered modifying Clause No.7 of the trust deed dated 22.07.2005 to the effect that "for and during the life time of the Founder, the appointment of any additional trustees or removal of any other trustees shall be done only by the Founder and the Managing Trustee jointly. After the life time of the Founder, the appointment of any additional trustees or removal of any other trustees shall be done only with the unanimous decision of the Managing Trustee with any one of the Trustees."
3. The legal battle started on 26.11.2010 when Dr.Brathibha, daughter of the second petitioner, filed a suit in O.S.No.224 of 2010 on the file of the Principal District Judge, Madurai arraying the trustees without impleading the said Trust, praying for the relief of a settlement of selection of trustees, for a declaration that she is one of the trustees, rendition of accounts and for permanent injunction restraining the defendants from interfering with the plaintiff's duties as a trustee etc. The fourth defendant in the said suit is the present respondent, who filed a memo in that suit on 25.01.2011 submitting to the decree. The above said conduct of this respondent prompted to issue show cause notice to this respondent for his anti-trust activities calling upon him to give explanation within seven days from the date of receipt of the notice.
4. It is stated that on 09.02.2011, the respondent received show cause notice but failed to respond to the same. Hence, in a Board Meeting convened by the Trust, a resolution was passed removing this respondent from the Board of Trustees of SR Trust and the said communication was sent by the Secretary, the third petitioner herein to the respondent on 17.02.2011.
5. In the meanwhile, this respondent on 11.02.2011 filed a suit in O.S.No.14 of 2011 on the file of the Principal District Court, Madurai, praying for the relief of declaration that the clause inserted in the supplementary trust deed dated 22.07.2005 which provides that the appointment and removal of trustees to be done by the Founder of the Trust as null and void and also for permanent injunction restraining the trustees from his removal as trustee. He also filed an application in the suit for interim injunction, but he could not get any interim order. On 24.02.2011, a memo was fil
5. (2010) 1 SCC 689 (Kashi Math Samsthan and another v. Shrimad Sudhindra Thirtha Swamy and another)
1. (1993) 3 SCC 161 (Shiv Kumar Chadha v. Municipal Corporation of Delhi and others)
4. (2010) 2 SCC 77 (Narendra Kante v. Anuradha Kante and others)
8. 2000 (III) CTC 74 (Seeni alias Sundarammal v. Ramasamy Poosari and 2 others)
11. (2010) 9 SCC 385 (Jai Singh and others v. Municipal Corporation of Delhi and another)
13. 2010 (1) CTC 199 (Madras Gymkhana Club and others v. K.C.Sukumar)
17. (2010) 2 SCC 77 (Narendra Kante v. Anuradha Kante and others)
20. 2000 (III) CTC 74 (Seeni alias Sundarammal v. Ramasamy Poosari and 2 others)
24. 2010 (1) CTC 199 (Madras Gymkhana Club and others v. K.C.Sukumar)
7. 2011 8 SCC 249 (Ramrameshwari Devi and others v. Nirmala Devi and others)
9. K.K.Modi v. K.K.Modi reported in 1998 (3) SCC 573
14. Shiv Kumar Chadha v. Municipal Corporation of Delhi and others reported in (1993) 3 SCC 161
19. 2011 8 SCC 249 (Ramrameshwari Devi and others v. Nirmala Devi and others)
21. (2010) 9 SCC 385 (Jai Singh and others v. Municipal Corporation of Delhi and another)
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