Bhawarlal Gothi (Chairman/Trustee) And 4 Others v. Vishal Surana (Trustee) And 3 Others

A.No.4740 of 2022 A.No.4740 of 2022 in C.S.(DR).No.101833 of 2022 C.V.KARTHIKEYAN,J., This application has been filed, in a suit which was originally filed before the Principal District Court at Thiruvallur and subsequently, by earlier directions of this Court been transferred to this Court.

2. The present application has been filed under Section 92 of the Code of Civil Procedure, to grant leave to institute the suit.

3. It must also be mentioned that the 1st defendant herein had filed C.S.No.340 of 2018 and in which suit also, leave to institute the suit had been granted, by an order dated 19.04.2018 in A.No.3477 of 2018. Since, there was another suit before the Principal District and Sessions Court at Thiruvallur, an application to transfer the said suit had been filed and the present application in which I am now concerned, and the suit therein had been transferred to the file of this Court.

4. In the affidavit filed, it had been stated that the entire issue surrounds a Trust, which runs Colleges in Chennai and in the outskirts of Chennai. It had been stated that the 1stplaintiff is the Chairman/Trustee of the Trust.

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5. The Trust is the 5th plaintiff.

6. The 2nd, 3rd and 4th plaintiffs are the other Trustees.

7. The four defendants are yet another Trustees.

8. There have been allegations raised as against the defendants with respect to the management and administration of the Trust.

9. Since, the issue involves consideration and further examination and particularly because there is already a suit pending with respect to the functioning of the Trust, the said application stands allowed.

10. Leave is granted.

11. Registry to examine, C.S.(DR).No.10833/2022 and if it is otherwise in order number the same and list before this Court, on 23.11.2022.

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