A society registered under the Societies Registration Act can be treated as a public trust under Section 92 of CPC, allowing civil court intervention for mismanagement.

IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON 20.08.2024 DELIVERED ON 06.01.2025 CORAM THE HONOURABLE MR. JUSTICE S.S.SUNDAR AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR OSA.No.235/2022 The Honarary Secretary Samyukta Gowda Saraswata Sabha A Society registered under the provisions of the Societies Registration Act, having its registered office at No.55, Habibullah Road, T.Nagar Chennai 600 017. .. Appellant Versus

1.Mr.N.S.Balachandar 2.Mr.R.Suresh Mallya

3.Mr.A.Arjuna Pai

4.Dr.K.R.Shanbogue

5.Mr.C.J.Nayak

6.Mr.Vasant M.Shanbhog 7.Mr.K.P.Lakshmana Rao 8.Mrs.Vijayalaksmi R.Pai

9.Mrs.Vijayalakshmi R.Prabhu

10.Mr.V.Muralidhara Rao

11.Mr.H.Mohandas Pai

12.Mr.Suresh A.Pai

13.Mr.B.Balakrishna Rao

14.Dr.S.Dinesh Nayak

15.Mr.Suresh Shanbogue

16.Mrs.K.P.Kiran Rao 17.Mr.Praveen Kamath

18.Mr.R.Sathyanarayana Shenoy

19.Mr.M.Udhay Kamath .. Respondents Prayer:- Original Side Appeal filed under Order 36 Rule 9 of Original Side Rules read with 15 of Letters Patent Act, against order dated 24.03.2022 made in A.No.6408/2019 in CS.SR.No.112222/2019.

For Petitioner : Mr.Krishna Srinivasan Senior counsel for Mr.S.Ramasubramaniam For R1 & R2 : Mr.V.Raghavachari Senior counsel for Mrs.V.Srimathi For R3 to R19 : No Appearance JUDGMENT S.S.SUNDAR, J., (1)The above appeal is directed against the order of the learned Single Judge dated 24.03.2022 granting leave to institute a suit under Section 92 of CPC for framing a scheme and for the proper management and administration of the affairs of a public Trust known as ''Samyuktha Gowda Saraswatha Sabha'' [hereinafter referred to as ''Sabha''] which is also registered as a Society under the Tamil Nadu Societies Registration Act , 1860, [hereinafter referred to as ''the Act''] in Application No.6408/2019 in the unnumbered suit filed by respondents 1 and 2 herein.

(2)The appellant is the Honorary Secretary of the Sabha. Respondents 1 and

2 herein as plaintiffs, filed the suit which is yet to be numbered against 12 defendants including the appellant herein who is the 1^st defendant in the said suit. The appellant is shown as Honorary Secretary of Sabha which is registered as a Society under the Act. (3)The suit is for the following reliefs: -

a) Framing a scheme for the proper management and administration of the affairs of the Samyukta Gowda Saraswata Sabha, 1^st defendant as to effecutate the objects set out in bye-law 1 of the Sabha.

b) Removing the defendants 2 to 12 as the Trustees of the 1^st defendant and consequently appoint a Board of Trustees comprising of eminent persons drawn from the United Gowda Saraswat Community ;

c) Directing defendants 2 to 12 to deliver up the inventory and other properties belonging to the 1^st defendant which are in their powers and possession and direct that the same be vested in the Board of Trustees constituted supra ;

d) Directing defendants 2 to 12 to submit accounts for the incomes received by them for the 1^st defendant and the amounts expended by them, and to cause the same to be inspected and audited ;

e) To grant such other reliefs as are just and necessary for the purposes of effectively administering and managing the 1^st defendant to ensure that its objectives of the charity are not frustrated or defeated ;

f) In the event that this Hon'ble Court finds malversation of funds, to direct defendants 2 to 12 to personally make good all such losses caused to the 1^st defendant.

g) To award the costs of this suit.

(4)Even though the status of Sabha is shown as a Society registered under the Act, it is the specific case of respondents 1 and 2/plaintiffs that Sabha represented by the 1^st d