The Research Foundation For Jainology v. Raj Chordia

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2023 CORAM :

THE HONOURABLE MR. JUSTICE R. MAHADEVAN and THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ Original Side Appeal Nos.45 & 47 of 2023 and CMP.Nos.3924 & 4403 of 2023

1. The Research Foundation for Jainology, Represented by its General Secretary, Mr.Krishna Chand Chordia, Sowcarpet, Chennai - 600 001.

2. Mr.Krishna Chand Chordia, General Secretary, The Research Foundation for Jainology, No.18, Ramanuja Iyer Street, Sowcarpet, Chennai - 600 001.

3. The School Management Committee, The Jain Vidyashram, No.150, Othawaada Street, Puzhal, Chennai - 600 066.

4. S.Krishna Chand Chordia, alleged General Secretary, Research foundation for Jainology, No.18, Ramanuja Iyer Street, .. Appellants in both OSAs

Versus

1/11

1. Raj Chordia @ K.Manohar Raajh Chordia

2. Eshani Chordia

3. The Jain Vidyashram, A Unit of the Research Foundation for Jainology, Represented by its Principal, Having its Head Office at No.18, Ramanuja Iyer Street, Sowcarpet, Chennai - 600 001.

4. The School Management Committee, The Jain Vidyashram, No.150, Othawaada Street, Puzhal, Chennai - 600 066.

5. Mr.Jaya PrakashLalwani, Executive member, The Research Foundation for Jainology, Sowcarpet, Chennai - 600 001.

6. The KarurVysa Bank, Red Hills Branch, Represented by its Branch Manager, No.5/2, Sri Subashini Complex, Vallalar Street, Kamaraj Nagar, Red Hills, Chennai - 600 052.

7. Shanthilal Kothari, alleged President,

8. Hans Raj M.Mutha, 2/11

9. Shanti Lal Jain,

10. P.MithaLal Jain,

11. J.Mohan lalChordia,

12. Goutham Chand Mutha, alleged Vice President,

13. S. Krishna Chand Chordia, alleged General Secretary,

14. Nemi Chand Kothari, alleged Secretary, No.18, Ramanujar Street,

15. Amrit Lal N.Daga, alleged Treasurer, No,18, Ramanujar Street, Sowcarpet, Chennai.

3/11

16. Badal Chand Chhajer, alleged Joint Treasurer, No.18, Ramanujar Street,

17. P.C.Chopra, alleged Joint Treasurer, No.18, Ramanujar Street,

18. Mahendra Kumar Jain, alleged Joint Secretary, No.18, Ramanujar Street,

19. Mahendra Chand Chordia, alleged Joint Secretary, No.18, Ramanujar Street,

20. Sampath Kumar Bagmar, alleged Joint Secretary,

21. N.Sugalchand Jain,

22. Ranjitthmull Chordia, No.18, Ramanujar Street, 4/11

23. Kantilal H.Sinhvi, No.18, Ramanujar Street,

24. Abiya Srisri Mal, No.18, Ramanujar Street,

25. Mahaavir Chordia, alleged Joint Secretary, No.18, Ramanujar Street,

26. Sri. AmritLalDaga, The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai - 600 066.

27. Sampath Kumar Bagmar, The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai - 600 066.

28. Mrs. Esther Stanlet, The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai - 600 066.

29. Sanjay Kumar Jain, The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai - 600 066.

5/11

30. Balasubramaniam, The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai - 600 066.

31. Mr.Rajemdran, The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai - 600 066.

32. Mrs.Sindhura, The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai - 600 066.

33. Mrs. Ramya, The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai - 600 066.

34. Mrs. Santhanalakshmi, The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai - 600 066.

35. Mrs.Dr.Esther Sathyavathy, The School Management Committee, The Jain Vidyaashram, No.150, Othawaada Street, Puzhal, Chennai - 600 066.

(OSA.No.45 of 2023 is dismissed as against respondents 3 to 33, vide order dated 27.06.2023) .. Respondents in OSA.No.45 of 2023 6/11

1. Raj Chordia @ K.Manohar Raajh Chordia

2. Eshani Chordia

3. The Jain Vidyashram, A Unit of the Research Foundation for Jainology, Represented by its Principal, Having its Head Office at No.18, Ramanuja Iyer Street, Sowcarpet, Chennai - 600 001.

4. Mr.Jaya PrakashLalwani, Executive member, The Research Foundation for Jainology, Sowcarpet, Chennai - 600 001.

5. The KarurVysa Bank, Red Hills Branch, Represented by its Branch Manager, No.5/2, Sri Subashini Complex, Vallalar Street, Kamaraj Nagar, Red Hills, Chennai - 600 052.

6. Shanthilal Kothari, alleged President,

7. Hans Raj M.Mutha,

8. Shanti Lal Jain, 7/11

9. P.MithaLal Jain,

10. J.Mohan lalChordia,

11. Goutham Chand Mutha, alleged Vice President,

12. Nemi Chand Kothari, alleged Secretary, No.18, Ramanujar Street,

13. Amrit Lal N.Daga, alleged Treasurer, No,18, Ramanujar Street, Sowcarpet, Chennai.

14. Badal Chand Chhajer, alleged Joint Treasurer, No.18, Ramanujar Street,

15. P.C.Chopra, alleged Joint Treasurer, No.18, Ramanujar Street, 8/11

16. Mahendra Kumar Jain, alleged Joint Secretary, No.18, Ramanujar Street,

17. Mahendra Chand Chordia, alleged Joint Secretary, No.18, Ramanujar Street,

18. Sampath Kumar Bagmar, alleged Joint Secretary, ( OSA.No.45 of 2023 is dismissed as against respondents 3 to 18, vide order dated 27.06.2023) .. Respondents in OSA.No.47 of 2023 Common Prayer: Theses Original Side Appeals filed under Order 36 Rule 1 of the Original Side Rules read with clause 15 of the Letters Patent to set aside the Judgment and decree dated 08.11.2022 & 22.03.2022 made in Application Nos.1984 and 126 of 2022 in C.S.No.199 of 2020. For Appellants :

M/s.R.Aparna in both OSAs For R1 & R2 :

Mr.P.Navaneetha Krishnan in both OSAs 9/11

COMMON JUDGMENT (Judgment of the Court was delivered by R. MAHADEVAN, J.) Today, when the matters were taken up for consideration, the learned counsel for the appellants submitted that subsequent to the dismissal of the application seeking rejection of plaint, certain orders have been passed and hence, sought permission of this Court to withdraw these appeals, with liberty to the appellants to challenge the subsequent orders passed. She also made an endorsement to that effect in the Court bundles.

2. In view of the submission and endorsement made by the learned counsel for the appellants, liberty is granted and these Original Side Appeals are dismissed as withdrawn. No costs. Consequently, the connected miscellaneous petitions are closed.

[R.M.D., J.] [M.S.Q., J.] av 12.07.2023 Index : Yes / No Internet : Yes / No 10/11

R. MAHADEVAN, J.

and MOHAMMED SHAFFIQ, J.

av Original Side Appeal Nos.45 & 47 of 2023 and CMP.Nos.3924 & 4403 of 2023 12.07.2023 11/11