Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: Civ Suit 738/2026
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President Spiritual Regeneration Movement Foundation of India vs G. Ram Chandramohan and Ors.
Kapsron INC.
IN THE COURT OF SH. VIVEK BENIWAL
SENIOR CIVIL JUDGE-CUM-RENT CONTROLLER, EAST,
KARKARDOOMA COURTS, DELHI.
Civ Suit 738/2026
CNR No.:- DLET03-001211-2026
IN THE MATTER OF:-
President
Spiritual Regeneration Movement Foundation of India
.... Plaintiff
Versus
1. G. Ram Chandramohan
2. Capt. Ajit Jain
3. N. Krishna Pillai
4. C.K. Balraj
5. Shiv Kumar Chaudhary
6. G. Suresh Babu
7. Rajesh Pillai
8. Mriganka Dhar Sarma
9. Ranjeet Mistry
10. B.S.S. Rao
11. Shanti R
12. Akash Malviya
13. Registrar of Societies
14. Canara Bank
..... Defendants
ORDER UNDER ORDER XXXIX RULES 1 & 2 CPC,
SEEKING EX-PARTE AD-INTERIM INJUNCTION
1. This suit has been filed by the plaintiff Society, through its
General Secretary/President, for declaration, permanent and
mandatory injunction, rendition of accounts and damages.
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President Spiritual Regeneration Movement Foundation of India vs G. Ram Chandramohan and Ors.
Kapsron INC.
The suit has been filed before this Court pursuant to the
order dated 10.03.2026 of the Hon'ble Delhi High Court in
W.P.(C) 8525/2024, which left the dispute regarding office
bearers of the plaintiff Society to be adjudicated by the civil
court and in pursuance of the order dated 19.02.2026 in
W.P.(C) 2390/2026 granting liberty to file the present suit.
2. Along with the plaint, the plaintiff has filed an application
under Order XXXIX Rules 1 and 2 read with Section 151
CPC, seeking ex-parte ad-interim injunction in terms of
prayers (a) to (f) of the application. Learned counsel for the
plaintiff has been heard. I have perused the plaint, the
application and documents filed by the plaintiff.
3. The plaintiff is a society registered under the Societies
Registration Act, with the object of spreading the teachings
of Maharishi Mahesh Yogi and Transcendental Meditation
Yoga. Defendants No. 1 to 12 are described as individuals
who are strangers to the plaintiff Society and who are
alleged to have filed false and fabricated lists of office
bearers, minutes, board resolutions and authority letters
with the Registrar of Societies. Defendant No. 13 is the
Registrar of Societies, NCT of Delhi. Defendant No. 14 is
Canara Bank.
Summary of the plaintiff’s case
5. The plaint pleads that Defendants No. 1 to 12, who are
strangers to the plaintiff Society and hold no membership in
it, first filed a false and fabricated annual list of office
bearers for the year 2010-11 with the Registrar of Societies
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President Spiritual Regeneration Movement Foundation of India vs G. Ram Chandramohan and Ors.
Kapsron INC.
(Defendant No. 13), together with a fabricated board
resolution and minutes said to have been passed on
06.05.2011, and thereupon caused 77.50 acres of the
Society's agricultural land at Villages Devari and Khamaria,
Tehsil Takhtpur, District Bilaspur, Chhattisgarh, to be sold
by a sale deed dated 30.05.2011 on the strength of a forged
authority letter. On the plaintiff's complaint, FIR No.
328/2011 was registered on 16.12.2011 at PS Takhtpur,
District Bilaspur, under Sections 429, 420, 465, 467, 468,
471, 167, 212, 217 and 120B IPC. The plaintiff also filed
CS(OS) 3221/2011 before the Hon'ble Delhi High Court, in
which an ex-parte status quo order was passed on
20.12.2011 restraining the creation of third-party rights in
the Society's properties, and Civil Suit No. 38-A/2011
before the District Court, Takhtpur, which was decreed in
the plaintiff's favour on 09.10.2018, declaring the 2011 sale
deeds not binding on the Society. CS(OS) 3221/2011 (by
then renumbered 11615/2016) was, however, withdrawn on
20.01.2020, "without prejudice to other proceedings," in the
course of a revision petition filed by one of the defendants.
6. The plaint further pleads that, notwithstanding the 2018
decree, Defendants No. 1 to 12 continued to file false annual
lists with the Registrar through 2021-22, without producing
any supporting record despite being called upon to do so on
11.03.2022 and 30.03.2022, while the plaintiff furnished its
own membership records, income-tax returns, FCRA
returns and balance sheets. Meanwhile, similar allegations
of fraudulent sale surfaced in other States: FIR No.
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President Spiritual Regeneration Movement Foundation of India vs G. Ram Chandramohan and Ors.
Kapsron INC.
249/2023, registered on 29.04.2023 at PS Noida Sector 39
under Sections 420, 467 and 511 IPC, concerning an attempt
to sell the Society's land at Village Salarpur, Noida; FIR No.
259/2023, registered on 20.10.2023 at PS Sunera, District
Shajapur, under Sections 420, 34 and 511 IPC, concerning
an attempt to sell 199 bigha 8 biswa of the Society's land at
Piploda Village; FIR No. 20/2024, registered on 11.01.2024
at PS Bargi, District Jabalpur, under Sections 420, 409,
120B and 34 IPC, alleging the fraudulent sale of 45 acres at
Village Ghutia through a forged power of attorney, with a
consideration of Rs. 25,62,500 said to have been deposited
in Defendant No. 1's Canara Bank account; and FIR No.
68/2024, registered on 21.03.2024 at PS Sunera, under
Sections 420, 467, 468 and 34 IPC, concerning a further
attempt on the Piploda land. On quashing petitions filed in
relation to some of these matters, the Hon'ble Madhya
Pradesh High Court held, by order dated 24.05.2024, that
the question of whether Defendants No. 1 and his associate
are the office-bearers of the plaintiff Society requires the
sifting of evidence and cannot be gone into under Section
482 Cr.P.C.; and the Hon'ble High Court of Chhattisgarh,
by order dated 28.08.2024, dismissed a quashing petition
filed by the purchasers of the Bilaspur land, observing that
they were aware the sale deed in their favour was forged.
7. It is further pleaded that the Registrar, by a letter dated
26.07.2024 placed on record in W.P.(C) 8525/2024, took
the position that the dispute regarding the plaintiff's office
bearers could not be adjudicated by it under Section 13 of
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President Spiritual Regeneration Movement Foundation of India vs G. Ram Chandramohan and Ors.
Kapsron INC.
the Societies Registration Act, 1860, and must be resolved
by a civil court, a position which the Hon'ble Delhi High
Court accepted, first by its order dated 19.02.2026 in W.P.
(C) 2390/2026 granting liberty to the plaintiff to file the
present suit, and again by its order dated 10.03.2026
disposing of W.P.(C) 8525/2024 on the same terms. In the
meantime, the plaint alleges, Defendants No. 1 to 3 had, in
2011 itself, fraudulently opened Canara Bank Account No.
1098101100603 in the Society's name using its suspended
PAN, and had later procured a second PAN
(AANAT7688K) in the Society's name, which was
cancelled by the Income Tax authorities on 05.05.2025 after
an inquiry found it to have been obtained by fake persons.
FIR No. 152/2025 was registered on 23.03.2025 at PS
Noida Sector 39 under Sections 191(2), 115(2), 351(2),
324(4) and 329(3) of the BNS, 2023, on the plaintiff's
complaint, alleging that the accused, along with a mob of 60
to 70 persons, attempted to occupy the Society's land and
ashram at Khasra No. 217, Village Bhagel Begampur,
Noida, and assaulted persons residing there; a chargesheet
was filed in this FIR on 21.09.2025 against eleven persons,
including Defendant No. 12.
8. What is pleaded to found the present urgency is the pace of
dealings in the land at Village Gejha, Tilpatabad, Dadri,
District Gautam Buddha Nagar, comprising Khasra Nos. 14,
16, 96, 98 min, 99, 100/1 min and 102/1, totalling 3.361
hectares. On 05.08.2025, the group described in the plaint
as the "unauthorized group" purportedly passed a resolution
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President Spiritual Regeneration Movement Foundation of India vs G. Ram Chandramohan and Ors.
Kapsron INC.
as a self-styled Committee of Management authorising sale
of this land; on 17.12.2025, a sale deed was executed in
favour of M/s Singhvahini Infraprojects Pvt. Ltd., using the
cancelled PAN AANAT7688K on 18.12.2025; and, on the
plaintiff's case, the same land was sold once again on
13.01.2026, this time to M/s Vam Dev Pvt. Ltd., again using
the same fake PAN. These transactions led to FIR No.
642/2025, registered on 20.12.2025 at PS Sector 39, Noida,
and FIR No. 49/2026, registered on 31.01.2026 at the same
police station, both under provisions of the Bharatiya Nyaya
Sanhita, 2023. The plaint also refers to the Enforcement
Directorate's ECIR dated 07.05.2026 and its Provisional
Attachment Order No. 32/2026 dated 10.07.2026, freezing
the Canara Bank account and other assets on the ground that
the plaintiff's properties were fraudulently alienated by
persons impersonating its office bearers, and to the Hon'ble
Supreme Court's order dated 12.05.2026 constituting a SIT
under the Chief Secretary, Uttar Pradesh, with the Registrar
of Societies made a member. It is on this material, all
pleaded by the plaintiff and supported by the documents
annexed to the plaint, that the plaintiff apprehends that its
remaining properties are at imminent risk of similar
alienation unless restrained, and seeks ad-interim relief
without notice to the defendants.
5. Section 13 of the Societies Registration Act, 1860, as
applicable to Delhi, provides that any dispute arising among
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Kapsron INC.
the governing body or members of a society, as to the
adjustment of its affairs, shall be referred to the principal
Court of original civil jurisdiction of the district in which
the chief building of the society is situated and that Court
shall make such order as it deems requisite. The plaintiff
pleads and this Court accepts for the present purpose, that
the chief building of the plaintiff Society is at Mayur Vihar,
within the territorial jurisdiction of this Court and that the
dispute has already been referred here by the Hon'ble High
Court’s orders of 19.02.2026 and 10.03.2026.
6. The Hon’ble Supreme Court of India in the judgment of
Morgan Stanley Mutual Funds Vs Kartik Das, had
elucidated certain parameters that are required to be
considered while passing an order in favour of the plaintiff.
As a principle, exparte injunction could be granted only
under exceptional circumstances. The factors which should
weigh with the Court in the grant of ex-parte injunction
are :
a. whether irreparable or serious mischief will ensue to the
plaintiff;
b. Whether the refusal of exparte injunction would involve
greater injustice than the grant of it would involve;
c. The Court will also consider the time at which the plaintiff
had first noticed the act complained so that making of
improper order against the party in his absence is
prevented;
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President Spiritual Regeneration Movement Foundation of India vs G. Ram Chandramohan and Ors.
Kapsron INC.
d. The Court will consider whether the plaintiff had
acquiesced for some time and in such circumstances it will
not grant exparte injunction;
e. The Court would expect a party applying for ex-parte
injunction to show utmost faith in making the application;
f. even if granted, the ex-parte injunction would be for a
limited period of time;
g. general principles like prima facie case, balance of
convenience and irreparable loss would also be considered
by the Court.
Prima facie case
7. The plaintiff’s case rests substantially on findings and steps
already taken by other courts and authorities, rather than on
its bare averments alone:
(i) a civil court, after a contested trial, held on
09.10.2018 that sale deeds executed by the same group
in 2011 were not binding on the Society;
(ii) FIRs have been registered in four states, with a
chargesheet filed in one (FIR 152/2025) and re-investigation
ordered in another (FIR 294/2023);
(iii) the Supreme Court has constituted an SIT, with
the Registrar of Societies himself made a member;
(iv) the Enforcement Directorate has provisionally
attached properties and frozen the very bank account in
question, recording that the plaintiff’s properties were
fraudulently alienated by persons impersonating its office
bearers; and
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President Spiritual Regeneration Movement Foundation of India vs G. Ram Chandramohan and Ors.
Kapsron INC.
(v) a second PAN obtained in the Society’s name was
cancelled by the Income Tax authorities as belonging to a
fake assessee. Coupled with the transactions in December
2025 and January 2026, a sale on 17.12.2025 at less than
half the circle rate with only a fraction of the consideration
paid, followed by sub-sales within days and weeks, I am
satisfied that a prima facie case is made out for interim
protection of the Society’s properties.
Balance of convenience and irreparable injury
8. If the properties are not protected pending notice to the
defendants, they may pass to further purchasers and
eventually multiplying the litigation. If protected and the
defendants’ claim is later found genuine, they lose nothing
they are lawfully entitled to, since dealings that are for the
moment restrained are not thereby extinguished. The
balance of convenience favours the plaintiff and if ex-parte
injunction is not granted, the plaintiff would suffer
irreparable injury.
9. Given the pace at which the properties in question have
changed hands, a sale on 17.12.2025, a further part-sale the
very next day, and a fresh sale of the same land on
13.01.2026, I am satisfied that the object of the injunction,
insofar as it restrains alienation would be defeated by the
delay involved in issuing notice before any order is passed.
Interim relief to that extent is accordingly granted without
notice.
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President Spiritual Regeneration Movement Foundation of India vs G. Ram Chandramohan and Ors.
Kapsron INC.
Consideration of prayers (a) to (f)
10. Prayer (a) seeks to restrain Defendants No. 1 to 12 from
representing themselves as President, Vice-President,
General Secretary, Treasurer, office bearers or members of
the Governing Body/Board of Management of the plaintiff
Society. If granted in this unqualified form, the prayer
would amount to deciding the very question that is in
dispute between the parties and which the Registrar has
declined to adjudicate. I am not inclined to grant it in the
form sought. It is, however, granted in a modified and
narrower form. Defendants No. 1 to 12 shall not hold
themselves out, before any bank, purchaser, broker,
government authority or other third party, as office bearers
or authorised representatives of the plaintiff Society for the
purpose of dealing with its property, funds or records. This
is necessary to make effective the protection granted under
prayer (b) and does not foreclose the defendant’s right to
establish their claim to office in accordance with law.
11. Prayer (b) seeks to restrain Defendants No. 1 to 12 from
creating third-party rights in, or selling, transferring,
alienating, leasing, mortgaging, parting with possession of,
or otherwise dealing with, any immovable or movable
property of the plaintiff Society, including but not limited to
the land at Village Gejha, Tilpatabad, Dadri, District
Gautam Buddha Nagar (Noida), Uttar Pradesh. For the
reasons already recorded, this prayer is granted. Since the
plaint also refers to properties at other locations
(Devari/Khamaria and Bilaspur in Chhattisgarh; Katni and
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Kapsron INC.
Jabalpur, Piploda and Ghutia in Madhya Pradesh; and
Salarpur and Khasra 217/Bhagel Begampur in Noida), the
injunction shall extend to all immovable and movable
properties of the plaintiff Society and not be confined to the
Gejha land alone.
12. Prayer (c) seeks to restrain Defendants No. 1 to 12 from
filing any further false, fabricated or unauthorized annual
lists of office bearers, minutes, board resolutions or
authority letters in the name of the plaintiff Society before
Defendant No. 13 or any other authority. This prayer
proceeds on the footing that any list or document the
defendants may file is false, which is precisely the disputed
question that this Court will have to try. To grant it at this
stage, without notice and without evidence, would pre-judge
that question and would also operate as a prior restraint on
what the defendants may place before a statutory authority.
This prayer is accordingly not granted at this stage and is
left to be considered after the defendants have had an
opportunity of being heard or at the final hearing of the
application.
13. Prayer (d) seeks a direction to Defendant No. 14, Canara
Bank, to immediately freeze and suspend all operations of
Account No. 1098101100603, alleged to have been opened
and operated by Defendants No. 1 to 3 using a suspended or
fake PAN. It is noted from paragraph 71 of the plaint itself
that this very account has already been frozen by the
Directorate of Enforcement under Section 17(1A) of the
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Kapsron INC.
Prevention of Money Laundering Act, 2002, pursuant to
Provisional Attachment Order No. 32/2026 dated
10.07.2026. This prayer is granted. Defendant No. 14 shall
ensure that no debit, withdrawal, transfer or closure takes
place in the said account, without prejudice to, and without
in any manner affecting, the attachment and any
proceedings under the Prevention of Money Laundering
Act, 2002, which this Court does not purport to interfere
with.
14. Prayer (e) seeks to restrain Defendant No. 13 (the Delhi
Registrar of Societies) from invoking Section 5A of the
Societies Registration Act, 1860. This relief is legally
untenable on two grounds. First, per the plaintiff's own
pleadings, section 5A of Uttar Pradesh territorial
amendment does not apply to a society registered in the
NCT of Delhi. If the statute is inapplicable, no protective
injunction is necessary or maintainable against a authority
lacking territorial jurisdiction. Second, the plaintiff pleads
no actionable threat or overt act of enforcement by
Defendant No. 13 under this provision.
15. Prayer (f), being a residuary prayer for further or other
orders does not call for separate ad-interim orders at this
stage.
Directions
16. Issue summons to the defendants for in the ordinary course
together with the plaint and its annexures. Notice of ad-
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Kapsron INC.
interim injunction application be also issued to the
defendants, returnable on 13.10.2026.
17. Till the next date of hearing or until further orders, the
following ad-interim directions shall operate:
(i) Defendants No. 1 to 12, and their agents, employees,
associates, representatives and all persons claiming
through or acting on behalf of them, are restrained
from selling, transferring, alienating, leasing,
mortgaging, parting with possession of, creating any
third-party right or interest in, or otherwise dealing
with, any immovable or movable property belonging
to the plaintiff Society, including the properties listed
in the Schedule to this order.
(ii) Defendants No. 1 to 12 are restrained from
representing themselves, before any bank, purchaser,
broker, government authority or other third party, as
President, Vice-President, General Secretary,
Treasurer, office bearers or members of the
Governing Body/Board of Management of the
plaintiff Society, for the purpose of dealing with its
property, funds or records.
(iii) Defendant No. 14, Canara Bank, Parliament Street
Branch, New Delhi, shall ensure that no debit,
withdrawal, transfer or closure is permitted in
Account No. 1098101100603, without prejudice to,
and without affecting, the Provisional Attachment
Order No. 32/2026 dated 10.07.2026 of the
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Directorate of Enforcement or any further
proceedings under the Prevention of Money
Laundering Act, 2002.
(iv) Prayers (c) and (e) of the application are not granted
at this stage, for the reasons recorded above, with
liberty to the plaintiff to press these prayers afresh
after the defendants have been heard.
(v) Nothing in this order shall be read as a finding on
the question of who are the lawful office bearers of
the plaintiff Society.
18. The plaintiff shall, within 24 hours and by all modes
available including registered post, courier and e-mail, serve
upon each defendant a copy of the plaint, the application,
the affidavit, the documents relied upon and a copy of this
order and shall file an affidavit of service/compliance in
terms of proviso to Order XXXIX Rule 3. Defendant No. 14
shall be served with a copy of this order forthwith for
compliance. A copy shall also be sent to Defendant No. 13
for information and record.
19. The plaintiff shall be at liberty to forward a copy of this
order to the Sub-Registrar(s) and revenue/land authorities
having jurisdiction over the properties. Any registration
effected in violation of this order shall be subject to further
orders of this Court.
20. This order is passed on a prima facie view for the limited
purpose of the ad-interim application and shall not be
construed as an expression of opinion on the final merits of
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the suit, including the identity of the lawful office bearers of
the plaintiff Society, which shall be determined at trial after
evidence.
21. Copy of this order be given dasti, as prayed for.
Announced in open court
on this 24.09.2026
Vivek Beniwal
Senior Civil Judge-cum-RC (East)
Karkardooma Courts, Delhi
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