MANMOHAN SINGH CHAWLA Vs. RAJESH BERRY

JUDGEMENT

(1.) THE learned Single Judge by impugned judgment dated 20.3.2008 has returned the plaint of the appellant herein holding that this Court does not have territorial jurisdiction to entertain the suit filed by the appellants herein (hereinafter referred to as the 'plaintiffs'). This order is passed in the application filed by the respondents herein (hereinafter referred to as the 'defendants') under Order 7 Rules 10 and 11 read with Section 16(a) and 16(d) and Section 151 of the Civil Procedure Code (in short 'the Code') thereby allowing the said application filed by the defendants. The said order dated 20.3.2008 is the subject-matter of the present appeal.

(2.) THE facts which are relevant for deciding the issue at hand are virtually not in dispute. We, therefore, first narrate these admitted facts and in the process we shall also take note of the disputed facts as well by specifically pointing out wherever the parties have joined the issue on facts.

(3.) ACCORDING to the plaintiffs, the defendants misused and abused their authorities as Chairman and Trustee respectively and mismanaged the affairs of the Trust. On inquiries it was found that there were various deficiencies in the affairs of the College. Though it is not necessary to state here the allegations of mismanagement and misappropriation of funds etc., suffice it to state that the plaintiffs made complaints to the police and FIR No. 337/2004 dated 8.9.2004 was registered with Police Station Nabi Karim, Delhi under Sections 406/409/420/467/468/471 read with Section 210-B IPC. The police after investigation filed chargesheet against the defendants in the Court of Sh. Manoj Jain. The defendant No. 1 was even arrested in the said case and his bail application was also rejected.