LAWS(SC)-2008-7-54

N SUGALCHAND JAIN Vs. MITTALAL JAIN

Decided On July 02, 2008
N.SUGALCHAND JAIN Appellant
V/S
MITTALAL JAIN Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The respondent No. 1 herein, Shri Mittalal Jain, founded the Sayarbai Educational and Charitable Trust on 9th October, 1997. By a supplementary deed dated 12.2.2001, he became the Chairman-cum-Managing Trustee for life of the Trust. Subsequently, on 12.5.2005, the appellant and his two sons were also made Trustees. Subsequently, in a meeting held on 13.5.2008, the appellant, as alleged by him, is said to have been made the Managing Trustee of the Trust. Thereafter, disputes arose with regard to the management of the Trust and the Institution being run by it which led to the filing of two suits, being OS No. 83/2007 filed by the respondent No. 1, in the Court of Principal District Judge, Vellore. The appellant also filed OS No. 76/2007 and in both the suits applications were made for grant of interim orders.

(3.) Ultimately, the prayer for interim order made by the appellant in his suit was allowed and that of the respondent No. 1 was refused. Against the said order, two Civil Miscellaneous Appeals were filed and both are pending in the High Court.