M.Mohan v. M/S. Navayugam Trust

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2025

CORAM

THE HONOURABLE MR. JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR & C.M.P.No.11452 of 2024 M.Mohan S/o.Mariappan Secretary and Authorized Signatory of M/s.Gyanodhayam Educational Trust A Public Charitable Trust having Office at No.6, Sekar Avenue Kumutham Nagar Main Road Mugalivakkam Chennai - 600 125 ... Appellant vs.

M/s.Navayugam Trust Represented by its Chairperson Ms.Gopika Varma W/o.Late Mr.Jayakichenen A1-FFB, Sunnyside Apartment Ramalakshman Nagar Sowripalayam Peelamedu Coimbatore - 641 028 and with Registered Office at Page Nos.1/11

No.97/4, Indira Nagar Muthaliyar Thottam Karur Bey Pass Road Erode - 638 002 .., Respondent Civil Miscellaneous Appeal filed under Order XLIII Rule 1 (r) of the Code of Civil Procedure, 1908 to set aside the fair and decretal order of Commercial Court (District Judge Cadre), Coimbatore made in I.A.No.2 of 2024 in C.O.S.No.26 of 2024 dated 26.04.2024 dismissing the injunction application filed by the petitioner/appellant herein. For Appellant :

Ms.C.S.Vedavalli For Respondent :

Ms.Tanushree Arvind

ORDER

[Order of the Court was made by M.SUNDAR, J.] Owing to there being no representation on 14.08.2025, captioned matter is listed under the cause list caption 'FOR DISMISSAL' today. Ms.C.S.Vedavalli, learned counsel on record for appellant expresses regret for missing the matter on 14.08.2025 and tenders an apology. We accept the apology. Cause list caption 'FOR DISMISSAL' is deleted and the captioned matter is taken up for hearing.

2. This common consent order will now dispose of the captioned 'Civil Miscellaneous Appeal' ['CMA' for the sake of brevity] and the captioned 'Civil Miscellaneous Petition' ['CMP' for the sake of brevity] Page Nos.2/11

thereat.

3. When the captioned matter was listed on 24.06.2024 before 'Commercial Appellate Division' ['CAD'] {to which one of us was a party (M.SUNDAR.J.,)}, the following proceedings were made: Page Nos.3/11

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4. The above proceedings shall now be read as an integral part and parcel of this order.

5. In the light of consensus that has been arrived at between the parties, the following consent order is made: i) As regards Leave to Sue application being A.No.2539 of 2024, the same is not subjected to contest and leave is granted. Registry to proceed with assigning a number to the suit, if it is otherwise in order;

ii) C.O.S No.26 of 2024 (CNR No.TNCB22-0001912024) now on the file of Commercial Court (District Judge Cadre) Coimbatore, will now stand transferred to the Page Nos.8/11

Commercial Division of this Court for being tried jointly with the suit filed in the Commercial Division of this Court [C.S (Comm.Div.) (D) No.57751 of 2024] in which leave has been granted by the instant order.

iii) All pending applications in both the suits shall be heard out by Hon'ble Commercial Division.

iv) Though obvious, we make it clear that all further applications will also be heard out by the Hon'ble Commercial Division.

v) The limited interim order granted vide paragraph 11 of 24.06.2024 proceedings will continue to operate for a period of eight weeks from today i.e., upto 13.10.2025. vi) In the interregnum, Hon'ble Commercial Division is requested to take a call and make orders on the interim prayers untrammelled by / without being impacted by the limited interim order granted by this CAD.

vii) To be noted, the limited interim order is continued for eight weeks to enable procedural formalities to be completed Page Nos.9/11

and to enable Commercial Division to take up the suits and applications thereat;

viii) Though obvious we make it clear that we are not expressing any view or opinion one way or the other on the merits of the matter and all views expressed in our 22.06.2024 order are prima facie views and will now not impact further proceedings before Commercial Division;

ix) Any rectification application pending before any Fora will also stand transferred for being heard along with the suits. Captioned CMA disposed of in the aforesaid manner. Captioned CMP is also disposed of in the aforesaid manner i.e., interim order operating for eight weeks subject to Commercial Division taking a call. There shall be no order as to costs.

(M.S., J.) (H.C., J.) 18.08.2025 Index:Yes/No N.C. :

Yes/No gpa Page Nos.10/11

M.SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

gpa To The Commercial Court (District Judge Cadre) Coimbatore 18.08.2025 Page Nos.11/11