Neutral Citation Number 2023/DHC/001698

CM(M) 350/2023

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$~59

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment delivered on: 03.03.2023

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CM(M) 350/2023

MONTESSORI EDUCATION SOCIETY REGD & ORS

..... Petitioner

versus

MS SHAILY GROVER & ORS

..... Respondent

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

Advocates who appeared in this case:

For the Petitioner :

Mr. J.P. Sengh, Sr. Advocate with Mr.

V.K. Tandon, Ms. Prerna Tandon, Mr.

Nishant Sharma and Mr. R.L. Sinha,

Advocates

For the Respondent :

Mr. Arav Kapoor and Ms. Komal

Gupta, Advocates

CORAM:

JUDGMENT

TUSHAR RAO GEDELA, J. (ORAL)

[ The proceeding has been conducted through Hybrid mode ]

1.

This is an application seeking exemption from filing certified

copies of the annexures.

CM APP No. 9351/2023

2.

Exemption is allowed, subject to all just exceptions.

3.

Application stands disposed of.

4.

With the consent of learned counsel for the parties, the petition

CM(M) 350/2023 & CM APP No. 9350/2023

Digitally Signed

By:VINOD KUMAR

Signing Date:07.03.2023

15:23:39

Signature Not Verified

Neutral Citation Number 2023/DHC/001698

CM(M) 350/2023

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itself is being taken up for disposal at the admission stage itself.

5.

The petitioners challenge the order dated 13.12.2022 passed in CS

DJ 989/2022 titled ‘Shaily Grover and Ors vs. Montessori Education

Society Regd & Ors.’ whereby the leave to institute the suit under

Section 20 sub-Section (b) of Code of Civil Procedure, 1908 (in short

“CPC”) was granted to the respondents/plaintiffs.

6.

Mr. J.P. Sengh, learned senior counsel for the petitioners submits

that the entire cause of action, even if it is taken to be on the statement

contained in the plaint, reflects the fact that the whole issue relates to the

elections which were conducted by the respondents/defendants at Ashok

Vihar, in the office of the Society.

7.

Learned senior counsel also submits that even if the allegations

leveled against the defendants no.2 and 3 is taken at its face value, the

fact still remains that the same will be relatable to the reliefs as sought

by the respondents/plaintiffs in their suit.

8.

Learned senior counsel submits that the Doctrine of Forum

Conveniens is applicable to all the parties of the suit and not plaintiff

alone. Learned senior counsel submits that that cause of action having

arisen at Ashok Vihar, in that, the elections to various posts of the office

bearers of the petitioner-society; the records are being maintained at the

Ashok Vihar office of the Society; and all other relatable documents etc.

are available at the Ashok Vihar office. Based on that Mr. Sengh,

learned senior counsel submits that even if this Court looks at issue on

the point of doctrine of Forum Conveniens, the records and the

substantial cause of action having arisen at Ashok Vihar, it would have

been in the interest of justice for the suit to have been instituted at

Digitally Signed

By:VINOD KUMAR

Signing Date:07.03.2023

15:23:39

Signature Not Verified

Neutral Citation Number 2023/DHC/001698

CM(M) 350/2023

Page 3 of 10

Ashok Vihar where the original and the basic cause of action had arisen.

9.

Learned senior counsel, while referring to sub-Section (b) of

Section 20 of CPC submits that though, not so worded, yet leave to

institute a particular suit in a particular Court of competent jurisdiction

ought to have been obtained by the respondents/plaintiffs before the suit

could be stated to have been duly instituted.

10.

Learned senior counsel further submits that admittedly there is no

application in that regard nor any such leave was ever obtained by the

respondents/plaintiffs.

11.

Learned senior counsel attacks the impugned order to submit that

in a perfunctory and arbitrary manner the learned Trial Court has dealt

with the objections on the question of jurisdiction and arbitrarily granted

leave without giving a