LAWS(SC)-2025-8-13

OPERATION ASHA Vs. SHELLY BATRA

Decided On August 05, 2025
Operation Asha Appellant
V/S
Shelly Batra Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises from the judgment and order passed by the High Court of Delhi dtd. 21/8/2024 in FAO(OS) No. 114 of 2024 (hereinafter, the "impugned decision"), by which the High Court dismissed the appeal filed by the appellant herein against the judgment and order dtd. 3/5/2024 passed by a learned Single Judge of the High Court in CS(OS) No. 153 of 2020 allowing the application under Sec. 92 of the Code of Civil Procedure, 1908 (hereinafter, the "CPC") filed by the respondent nos. 1 and 2 respectively, seeking leave to institute the subject suit.

(3.) Operation ASHA (hereinafter, the "appellant Society/original defendant no. 1") is a not-for-profit society founded in the year 2005 and registered under the Societies Registration Act, 1860 with its registered office in New Delhi. The appellant Society is engaged in providing health services through a plethora of activities primarily to the underprivileged Sec. of the society across India with special emphasis on the treatment, education and prevention of tuberculosis and other diseases. The same can be inferred from the Memorandum of Association (hereinafter, the "MoA") of the appellant Society. The aims and objectives of the appellant Society are as follows: