C. H. KrishnanVsTrombay Malayalee Samskarika Smithi

Date: 07-09-2019
Business: Matter called out(4.20pm)
Adv.Tushar Jadhav a/w S.S.Redekar for plaintiff present.           Adv.P.R. Rajkumar for defendant present.
P.Radhakrishnan president present.
Venu Raghavan general secretory present.
P.K.Sadhasivan present.
Raji M.C. secretory present.
Plaintiff filed N/M praying for stay of election scheduled to be on 08.09.2019.  It is submitted by the plaintiff that the tenure of the earlier managing committee was expired on 26.03.2019 and as per the constitution of the trust the committee has to take fresh election within 3 months after the expiry of the term of the earlier committee.
The plaintiff submitted that on 22.08.2019 the notice of 24th Annual General body meeting is issued out of which one of the agenda is election of new committee.  As per contention of the plaintiff the proposed election are not legal.  Hence, the election needs to be stayed.
Per contra defendant apposed  the notice of motion.  Its contended by the defendant that the plaintiff are aware about the fact of annual general meeting much prior to filing of the present suit. The plaintiff approach charity commissioner by filing complaint. The plaintiff themselves participated in the election process by filing nomination form.  Hence, now at be lated stage they can not challenge the election process.
Heard both the side on interim relief, perused N/M and pleadings of the plaint.  It is not in dispute that the earlier committee term is expired on 26.03.2019 and the election is not taken within 3 months.  The election is schedule on 08.09.2019 of which notices are already serve to the members.  Thus, in my view instead of granting stay to the entire election proceeding, the result of the election needs to be stayed and that will be subject to the result of the notice of motion. The aforesaid order is passed in open court, in presence of advocate of the both the parties.  Parties to act on authenticate copy.
On request of advocate for defendant. Matter adj to 09/10/19 for reply.
Later on.
Adv.Tushar Jadhav a/w S.S.Redekar for plaintiff present tendered registered N/M No.3344/19
Next Purpose: REPLY
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Business: Matter called out(4.01pm)
Adv.S.S.Redekar for plaintiff present.
Adv.P.R. Rajkumar for defendant present seeking time to file written statement. Time granted.
Matter is adj to 13/11/19 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Business: P.O. is on Leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: Matter is called out at 2.50pm
Plaintiff and his advocate absent.
(Exh-1)Plaint
(Exh-2)Vakalatnama                                                                       (Exh-3)Memorandumof register address.
(Exh-4)List of documents.
Adv.P.R.Rajkumar for defendants present file written statement.(Exh-5) T.O.R subject to the limitation.
Matter is adj to 04/03/2020 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-03-2020

Date: 04-03-2020
Business: Matter is called out at 3.00pm
Adv.S.S.Redekar for plaintiff present.
Adv.P.R.Rajkumar for defendant present.
Adv.for defendant tendered draft Notice of Motion alongwith affidavit.O-Leave is granted to register the Notice of Motion.
Copy served to the other side.
Draft N/M handed-over to the defendant advocate for registration.
Matter is adj to 28/04/2020 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID-19).
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-09-2020

Date: 07-09-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: Adv. S. S. Redekar for plaintiff present.
Adv. P. R. Rajkumar for defendants present.
On oral request of Ld. Adv. for plaintiff matter is adjourned.
Defendant is directed to register the draft NM before next date.
Adjd to 06.04.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Court is on leave, hence, matter is adjd
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: Nobody present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for NM reply to 26/08/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: Plaintiff present.
Adv. S. S. Redekar for plaintiff present.
Adv. for defendant present.
Adv. for defendant filed registered NM No. 408/2021. t.o.r.
Adv. for plaintiff filed reply to NM No. 408/2021. t.o.r.
Adjd for NM hearing to 01/10/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: Adv. S. S. Redekar for plaintiff present.
Adv. P. R. Rajkumar For defendant present.
Adv. For defendant filed written submissions. t.o.r.
Court is busy in hearing part heard final arguments in suit No. 3658/09. hence adjourned.
Adjd for NM hearing to 25/10/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: Dt.25/10/2021
Suit 2421/19
NM 408/21
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
Adv. Tushar Jadav along with Adv. S. S. Redekar for plaintiff present and prayed for adjournment.
Adv. for deft. is present.
Adjd for NM hearing to 29-11-2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: At 2.55 pm
Adv. Tushar Jadhav along with Adv. S. S. Redekar For plaintiff present.
Adv. Mr. P. R. Rajkumar  For defendants present.
Heard arguments of Adv. Mr. Tushar Jadhav for plaintiff and Adv. Mr. Rajkumar for both the NM Nos 3344/19 and 408/21.
Adjd for NM orders to 08/12/2021
Next Purpose: NM  ORDERS
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Adv. S. S. Redekar for plaintiff present.
Adv. Rajkumar for defendant present.
F.R.S.R. following common order is passed in NM No. 3344/2019 	along with NM No. 408/2021 in S.C. Suit No. 2421 OF 2019
				ORDER
	1. The Notice of Motion No. 3344 of 2019 is rejected.
	2. As Notice of Motion No. 3344 of 2019 is rejected and in view of specific ad-interim order passed on 07.09.2019, the Notice of Motion No. 408/2021 is disposed of.
	3. No order as to costs.
	4. Accordingly, NM No. 3344 of 2019 is disposed of.
Adv. For plaintiff requested for stay of the order of rejection and continue the ad-interim order in respect of stay of declaration of results of the elections for four weeks to challenge the order passed in the Notice of Motion.
Adv. For defendant objected on the ground that it is injustice to the country itself.
Plaintiff wants to challenge the order of notice of motion hence ad-interim order in respect of stay of declaration of results is continued only for 15 days from today and plaintiff to take note that no further stay will be granted.
Adjd for framing issues to 07/02/2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: As per holiday declared on 07.02.2022 vide office order 27 of 2022 matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: Dt.13/04/2022
Suit 2421/19
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
Exh-6 Adv. Nitesh Hinduja filed vakalatnama on behalf of plaintiff. T.O.R. O- Filed
Adv. For plaintiff tendered copy of order passed in appeal from order No. 522/21 along with interim application no. 4336/21 in appeal from order no. 522/21 the appeal is disposed of and trial court is requested to conclude the trial in the suit no. 2421/19 preferably before 31st December 2022
None for defendant.
Exh- 7 Issues framed.
Adjd for filing affidavit of evidence to 06-05-2022.
LO
At 3.55 PM.
Adv. Rajkumar For defendant present.
Defendant present.
Application filed by adv. For defendant for grant of permission to file copies of order. T.O.R.
List of documents filed by adv. For defendant. T.O.R.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-04-2022

Date: 30-04-2022
Business: NOB TOB
Writ received from Honble High court bearing inward no. 4850 dt. 25.04.2022. O- Seen
Appeal from order no. 552/21 along with interim appln no. 4336/21 in appeal from order no. 522/21
the appeal is disposed of and trial court is requested to conclude the trial in the suit no. 2421/19 preferable before 31st December 2022
Copy of said writ is kept in R and P.
Already adjd to 06/05/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-05-2022

Date: 06-05-2022
Business: Adv. Hinduja for plaintiff present.
Adv. P. R. Rajkumar for defendant present.
Secretary of defendant present.
Mr. Bose prabhakaran present
Exh-8 Affidavit of evidence of Bose Prabhakaran filed by adv. For plaintiff. T.O.R. O- Read and recorded in evidence
Exh-9 Compilation of documents filed by adv. For plaintiff.
Plaintiff to serve the copy of affidavit to the defendants.
Adv. for defendants present and stated that he has received the copy of evidence affidavit on behalf of all the defendants.
Exh- 10 Application filed by adv. For defendant for grant of permission to open the ballot box. O- other side to say
Adjd for marking exhibit/high court time bound to 07/06/2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: Adv. Nitesh Hinduja for plaintiff present.
Plaintiff no. 2  present.
Adv. P. R. Rajkumar for defendant present and filed not pressed application Exh. 10.Hence, application Exh. 10 is disposed of.
Chief-Examination by Advocate Nitesh Hinduja for plaintiff commenced and completed after administering oath to the witness.
Documents filed with list Exh. 9 are marked as Exh. 11 to 33 .
Cross-Examination by Advocate  P. R. Rajkumar for defendant
Cross examination deferred till next date.)
Matter is adjd.to 22-06-2022 for evidence of plaintiff  (Time Bound to be decided before 31-12-2022). 12.30 pm.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Adv. for plaintiff present.
Advocate  P. R. Rajkumar for defendant present.
Cross-Examination by Advocate  P. R. Rajkumar for defendant commenced after administering oath to the witness.
Cross examination deferred till next date.
Matter is adjd.to 19-07-2022 for cross of PW - 1 12.00
noon.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Adv. Nitin Hinduja a/w Plaintiff  PW - 1 present.
Adv. P. R. Rajkumar for defendant present.
With consent of both sides, matter is adjourned to 30-07-2022.
Matter is adjd.to   30-07-2022 for evidence of plaintiff
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 30-07-2022

Date: 30-07-2022
Business: Plaintiff in person present.
Adv. P. R. Rajkumar for defendant present.
Cross examination of PW-1 by Adv. P.R. Rajkumar resumed after administering oath to the witness.
Cross-Examination is deferred till next date.
Matter is adjd.to 06.08.2022 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: Adv. P. R. Rajkumar for defendant present.
Cross examination of PW-1 by Adv. P.R. Rajkumar resumed after administering oath to the witness.
Cross-Examination is deferred till next date.
Matter is adjd.to 03-09-2022  for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-09-2022

Date: 03-09-2022
Business: Adv. P. R. Rajkumar for defendant present.
None for plaintiff.
Matter is adjd to 20/09/2022 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: Adv. Nitesh Hinduja alongwith Plaintiff present.
Adv. P. R. Rajkumar for defendant present and filed application for grant of permission to celebrate the Golden Jublee of the defendant trust. t.o.r. marked as Exh.34
Cross examination of PW-1 by Adv. P.R. Rajkumar resumed after administering oath to the witness.
Cross-Examination is deferred till next date.
Matter is adjd.to 14-10-2022  for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-10-2022

Date: 14-10-2022
Business: Adv. Nitesh Hinduja a/w plaintiff present and filed say on Exh. 34 t.o.r. marked as Exh.34-A
Adv. P. R. Rajkumar for defendant no. 1 present.
None for defendant no. 2
Heard both sides on Exh. 34
Matter is adjd.to 18-10-2022 for Order on Exh. 34
Next Purpose: ORDER
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: None for plaintiff.
Adv. P. R. Rajkumar for defendant  no.1 present .
None for defendant no. 2
F.R.S.R. following order is passed on Exh. 34-
                                      ORDER
1. Application (Exh. 34) is allowed.
2. Defendant no. 1 trust is permitted to spend funds up to the extent of Rs. 15,00,000/- for organizing Golden Jubilee programme of the trust and celebrating Onam Festival with direction to maintain account of expenses.
Matter is adjd.to 26-11-2022 for cross-examination of PW - 1 11.30am
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-11-2022

Date: 26-11-2022
Business: Earlier, 4th Saturday in November, 2022 i.e. 26-11-2022 was declared as working Saturday as per office order No. 178/22 dtd. 25-08-2022. Subsequently, schedule is changed and 2nd Saturday in December, 2022 i.e. 10-12-2022 is declared as working Saturday instead of 26-11-2022 as per office order No. 229/22 dtd. 31-10-2022. Hence, matter is adjourned
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: Adv. Nitesh Hinduja for plaintiff present.
Representative of Defendant no. 1 namely Mr. Venu Raghvan  in person present.
None for defendant no. 2
LO at 12.40 pm.
Adv. P. R. Rajkumar for defendant present.
Matter is adjd.to 27-01-2023 for evidence of PW - 1 Bose Prabhakaran on Exh. 8 11.30am.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: Adv. Nitesh Hinduja a/w plaintiff present.
Adv.  P. R. Rajkumar for both defendants present.
Cross-Examination of PW -1  Bose Prabhakaran on Exh. 8 by Advocate  P. R. Rajkumar for both defendants commenced and completed after administering oath to the witness.
Re-examination - Nil
Matter is adjd.to 07-02-2023 for  further evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-02-2023

Date: 07-02-2023
Business: Adv. Mr. Nitesh Hinduja a/w  plaintiff present and prayed for adjournment  - allowed
Adv Mr. P. R Rajkumar for both defendants present.
Matter is adjd.to   14-02-2023 for further evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: None for plaintiff.
Adv. P. R. Rajkumar for defendants no. 1 ad 2 present.
LO at 12.00 pm.
Adv. Nitesh Hinduja a/w plaintiff No. 2 present and filed evidence affidavit of PW - 2 Pilanku Kunhikannan t.o.r. marked as Exh.36
He placed on record copy of Exh. 36 for defts.
Matter is adjd.to 23-02-2023 for evidence of deft.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: Adv. Nitesh Hinduja for plaintiffs a/w plaintiff no. 2 and witness Pilanku  present.
Adv. P. R. Rajkumar for defendants no. 1 and 2 present and received copy of Exh. 36.
Chief-Examination of PW - 2 Pilanku Chathu Kunhikannan on Exh. 36 by Advocate  Nitesh Hinduja  for plaintiff commenced and completed after administering oath to the witness.
Cross-Examination by Advocate P. R. Rajkumar for defendants no. 1 and 2 commenced.
On request of Adv. P. R. Rajkumar for defendants no. 1 and 2 cross-Examination is deferred till next date.
Matter is adjd.to 13-03-2023 for  evidence of PW - 2 Pilanku on Exh. 36 11.30
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: Adv. Nitesh Hinduja for plaintiffs a/w plaintiff no. 2 and witness Pilanku  present.
Adv. P. R. Rajkumar for defendants no. 1 and 2 present and received copy of Exh. 36.
Cross-Examination of PW - 2 Pilanku Chathu Kunhikannan on Exh. 36 by Advocate P. R. Rajkumar for defendants no. 1 and 2 commenced and completed after administering oath to the witness.
Re-examination- Nil.
Adv Nitesh Hinduja submitted that he would examine one more witness only.
Matter is adjd.to 21-03-2023 for further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-03-2023

Date: 21-03-2023
Business: Adv. Nitesh Hinduja for plaintiffs a/w plaintiff no. 2 present and filed evidence close pursis t.o.r. marked as Exh.37
Adv. P. R. Rajkumar for defendants no. 1 and 2 present and filed pursis stating that the defendants do not want to lead evidence t.o.r. marked as Exh.38
Matter is adjd. To 11-04-2023 for final argument.
12.30pm.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-04-2023

Date: 11-04-2023
Business: Plaintiff no. 2 inperson present.
Adv. P. R. Rajkumar for defendants no. 1 and 2 present and filed written argument t.o.r. marked as Exh.39
Plaintiff no. 2 inperson received copy of Exh. 39
lo 1.15pm
Adv. Nitesh Hinduja a/w  plaintiff no. 2 present.
Matter is adjd.to  27-04-2023 for final argument 4.00pm
Next Purpose: ARGUMENTS
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: Adv. Hinduja a/w  plaintiff present and filed written final argument t.o.r.
Adv. P. R. Rajkumar for defendant present and received copy of written final argument.
Matter is adjd.to  06-06-2023 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-06-2023

Date: 06-06-2023
Business: None for plaintiff present.
Adv. P. R. Rajkumar for defendant no. 1 and 2 present.
Both parties have already filed written notes of argument.
KB.
L. O.
Adv. Nitesh P. Hinduja for plaintiff present.
Kb at 1.15 pm.
L. O.
Adv. Nitesh P. Hinduja for plaintiff present.
Heard both advocates.
Matter adjourned for order/Judgement to 27/06/2023.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: Adv. Nitesh P. Hinduja for plaintiff present.
Plaintiff no. 1 to 3 present.
Defendant no. 2 and 3 present.
Matter adjourned for Judgement to 03/07/2023.
Next Purpose: JUDGMENT
Next Hearing Date: 03-07-2023

Date: 03-07-2023
Business: Adv. Nitesh Hinduja  for plaintiff present.
Defendant present.
FRSR following order passed :-
Order -
1) S.C Suit No. 2421 of 2019 is dismissed with cost.
2) S.C Suit No. 2421 of 2019 is disposed off.
Nature Of Disposal: DISMISSED
Disposal Date: 03-07-2023

NOTICE OF MOTION/100408/2021

Registration Number: 102421/2019
Transfer Date: 19-03-2020
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 102421/2019
Transfer Date: 01-03-2022
From Court: 4 - COURT 04 ADDL SESSIONS JUDGE
To Court: 66 - COURT 66 ADDL SESSIONS JUDGE

Filing Number: 109743/2019
Filing Date: 06-09-2019
First Hearing Date: 07th September 2019
Decision Date: 03rd July 2023
Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE