JUDGMENT :

(Prayer: Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules of this Court, read with Order 1 Rule 8(1a) of the Civil Procedure Code, and Application is filed praying to permit the applicants/plaintiffs to sue on behalf of and for the benefit of all persons interested in the suit as provided under Order 1 Rule 8 Clause 1(a) of the Civil Procedure Code.)

This application has been filed seeking to grant leave to the applicants/plaintiffs to file suit under Section 92 of the Civil Procedure Code (for short, "the CPC").

2. The case of the applicants herein is that they are full members of the Young Men's Christian Association (YMCA), Madras, the first respondent/first defendant-Association. It is an unregistered body started in the year 1844 in London Town by 12 young men to help the youth who migrate to town by providing decent accommodation at affordable rates. It also in the process helped the youth to grow in moral and spiritual life so that they are not attracted to the vices of the city life. The movement became popular world-wide. It was started in India in the city of Calcutta and then in Chennai, almost hundred years ago.

3. Over the years, the first respondent-Association has started several charitable activities like rehabilitation of refugees, hostel facilities to the youth, running sports and cultural institutions, etc. The Association also has several properties in the city and in the suburbs.

4. According to the applicants, the first respondent-Association decided to develop one of its properties measuring 5 acres of land owned by YMCA in Kottivakkam and entered into an agreement with the 13th respondent/13th defendant Company for the purpose of leasing the property for 99 years. A Memorandum of Understanding (MoU) was also signed, but however, dispute arose and finally the dispute had gone upto the Honourable Supreme Court of India where a revised MoU, dated 14.11.2015 was filed.

5. As per the revised MoU, the price for the lease of 99 years was fixed at Rs.130 crores and the Company was permitted to construct building complex, but eventually only Rs.76.54 crores was paid by the Company and the funds received from the Company had been siphoned-off into purchasing some properties in Chennai.

6. Likewise, in respect of another property owned by the first respondent-Association, which has about 90 grounds in "C" schedule property, permission was obtained for developing 29.5 grounds from this Court in O.P.No.503 of 1993 and by misusing the order of permission from this Court, the first respondent-Association is attempting to award a contract to the fifteenth respondent-Company instead of the original Company which was stated to be a contracting company at the time when the permission was obtained from this Court on 03.09.2020 in the said O.P.No.503 of 1993.

7. Likewise, there are several financial misdeeds and irregularities relating to collection of money in reception desk, which was not properly accounted for and there was delay in registration of the income in the Books of Accounts, discrepancy in the Minutes and no inventory of records of movable and immovable properties made available, which were owned by the first respondent-Association, etc.

8. It was also pleaded in the plaint that the Investigation Committee constituted to investigate, has recommended certain measures to be taken for looking into the irregularities and resolutions were passed, but no steps were taken ultimately. In the said circumstances, the suit has been filed for framing a scheme towards proper administration of the Association and its properties. As the first respondent being a public charitable Association, leave has been sought under Section 92 CPC.

9. According to the applicants, there was also allegation of misappropriation of funds, and therefore, direction is also sought in the plaint for rendering of accounts and removal of membership in the Board of Directors and the Board of Trustees of those defendants who h