O R D E R

This Petition has been filed to set aside the Order in I.A.No.135 of

2021 in Trust O.P.No.101 of 2018 dated 06.12.2021 on the file of the learned Principal Sessions Judge, Tirupur.

2. The learned counsel for the Petitioners submitted that the Bishop of Church of South India Coimbatore Diocese is the Petitioner herein had filed a Petition in I.A.No.135/2021 in Trust O.P.No.101/2018 before the learned Principal District and Sessions Judge, Tiruppur. 2.1. The Petition was filed by the Petitioner seeking dismissal of the Trust O.P.No.101 of 2018 in the light of the pendency of the Suit in C.S.No.4331 of 2021 on the file of the original side of this Court. On coming to know about that the Suit filed under Section 92 of CPC pending before the Original Side of this Court against the Church of South India Trust Association, the Petitioners had filed I.A.No.135 of 2021 in Trust O.P.No.101 of 2018 to dismiss the Trust O.P.No.101 of 2018 relying upon Section 9 (a) of the Charitable and Religious Endowment Act. The learned Principal District and Sessions Judge, Tiruppur after hearing the arguments of the Petitioners and the Respondent before the learned Principal District and Sessions Judge dismissed the I.A.No.135 of 2021.

3. It is the contention of the learned Counsel for the Respondent that the Original Petition filed by the Respondent is maintainable. It is filed under the Trust Act as the first Respondent registered the Trust under the Companies Act. The Church of South India is a Company registered under Section 26 of the Indian Companies Act.

4. It is the further submission of the learned Counsel for the Petitioner that the first Respondent is not registered under the Charitable and Religious Endowment Act and it is registered only under Section 26 of the Companies Act. If there is no dispute, it is filed before the Companies Court which is the original Side of this Court in all other religious trust registered under Section 9 (a) of Charitable and Religious Endowment Act. Sections 3 & 9 of Charitable and Religious Endowment Act are to be extracted hereunder:

Section 3 : Power to apply to the Court in respect of trusts of a charitable or religious nature – Save as hereinafter provided in this Act, any person having interest in any express or constructive trust created or existing for public purpose of a charitable or religious nature may apply by petition to the court within the local limits of whose jurisdiction any substantial part of the subject-matter of the trust is situate to obtain an order embodying all or any of the following directions, namely:-

(1) directing the trustee to furnish the petitioner through the Court with particulars as to the nature and objects of the trust, and of the value, condition, management and application of the subject-matter of the trust, and of the income belonging thereto, or as to any of these matters, and (2) directing that the accounts of the trust shall be examined and audited:

Provided that no person shall apply for any such direction in respect of accounts relating to a period more than three years prior to the date of petition.

Section 9: Savings – No petition under the foregoing provisions of this Act in relation to any trust shall be entertained in any of the following circumstances, namely:-

(a) if a suit instituted in accordance with the provisions of section 92 of the Code of Civil Procedure 1908 (5 of 1908), is pending in respect of the trust in question;

(b) if the trust property is vested in the Treasurer of Charitable Endowments, the Administrator General, the Official Trustee, or any Society registered under the Societies Registration Act, 1860 (21 of 1860); or (c ) if a scheme for the administration of the trust property has been settled or approved by any Court of competent jurisdiction, or by any other authority acting under the provisions of any enactment.

4.1. The learned Counsel for the Petitioners had relied on the Order passed by the learned Single Judge of this Court in