Sri Purushadaniya Parasvanatha Jain Swethambar Moorthipujak Sangh v. A.Parasmal Vaid

A NO. 6693 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-07-2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU A.No.6693 of 2023 in C.S.No.262 of 2022 Sri Purushadaniya Parasvanatha Jain Swethambar Moorthipujak Sangh Represented By Its Secretary, No.65-66 Tana Street, Puraswalkam, Chennai 07.

Applicant(s) Vs A.Parasmal Vaid S/o N.Amarchandji Vaid No.56, Purasawalkam High Road, Purasaiwalakm, Chennai 07. and 7 Others Respondent(s) For Applicant(s):

Mr.Pramod Kumar Chopra(Senior Counsel) For M/s.R.J.Radhika For Respondent(s):

Mr.M.Aravind Kumar

ORDER

The present application has been filed to rectify the common order in O.A.No.782 of 2022, A.No.5990 of 2022 and A.No.177 of 2023 dated 23.02.2023 by deleting the observation "Although the plaintiff contended that there are 200 members, the said contention was not backed by evidence" in paragraph 8 of the order.

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2. The applicant had sought for deletion of the observations made by this Court in its order dated 23.02.2023, wherein this Court had observed that the applicant had not produced any evidence to support their contention that there are more than two hundred members in the applicant's Trust. It is the claim of the applicant that such observation would cause prejudice to the parties as according to the applicant, the members are not static and the same may vary due to death, resignation or removal or addition of a life member in accordance with the bye-laws of the applicant.

3. This Court, while considering the claim as regards the number of members, had given a prima facie finding that there are only 131 members and not 200 members as claimed by the applicant. The said finding is only a prima facie conclusion and not a final conclusion. The applicant is always entitled to substantiate his claim by producing necessary documents during the course of the trial. Hence, this Court is of the view that no prejudice would be caused to the applicant.

4. In such view of the matter, this Court find no reason to rectify the order, with liberty to the applicant to substantiate the existence of life members in the manner known to law.

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5. In fine, the present application stands closed. However, there shall be no order as to costs.

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1. A.Parasmal Vaid S/o N.Amarchandji Vaid No.56, Purasawalkam High Road, Purasaiwalakm, Chennai 07.

2. Dilipkumar Ghemawat, S/o Sajjanrajji, 1, Hunters Lane, 3rd Floor, Chennai 112.

3. Vimal Chand Bumb S/o Mohanlalji Bumb, 21, Vellala Street, Purasaiwalkam, Chennai - 600 007.

4. Padam Chand Vaid S/o D.Amarchandji Vaid, 3, Perumal 1st Street, Purasaiwalkam, Chennai 07.

5. Sudhir Chand Saklecha S/o Amar Chandji Sanklecha, No.50, Mookathall Street, Purasaiwalkam, Chennai 07.

6. Gajendrakumar Navlakha S/o Ghewarchandji Navlakha 56, Padavattamman Koil Street, Purasaiwalkam, Chennai 07.

7. Ajit Kumar Baid, S/ Late D.Gulab Chand, No.48/27, Arasappa Street, Purasawalkkam, Chennai 07.

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8. Naresh Kumar Vaid S/o Late Hem Chand Jain, No.2, Perumal 1st Street, Purasawalkam Chennai 7 4/5

K.KUMARESH BABU, J.

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