The Single Judge dismissed a review application under Order 47 Rule 1 CPC. The court declined to review the earlier order directing surrender of books and records, upholding the administration's authority despite claims of completed audit and record interpolation.
Review Application dismissed.Applications for costs refused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.02.2020
CORAM
THE HONOURABLE MR. JUSTICE M.M. SUNDRESH AND THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
Review Application No. 98 of 2019
1.M/s.Swadharma Swaraiya Sangha Orthodox National League Rep.by its Administrator Mr.Ramamurthy Regd.Off: No.29 “Karpagama Avenue” Brodway, Chennai – 600 001.
2.B.V.S.S.Mani (died on 23.06.1999)
3.B.Lalitha Rathnam (died on 27.03.2007)
4.B.V.S.L.Krishna Kishore,
Rathna Prabha, “Karpagama Avenue”, Plot No.9/10, Chennai – 600 028.
5.B.V.S.Lakshmi,
Rathna Prabha, “Karpagama Avenue”, Plot No.9/10, Chennai – 600 028.
Rathna Prabha, “Karpagama Avenue”, Plot No.9/10, Chennai – 600 028.
7.B.V.K.Ramalingeswaradu
Rathna Prabha, “Karpagama Avenue”, Plot No.9/10, Chennai – 600 028.
8.V.K.Dongre (Died on 15.07.2001)
9.Shri Ramalingeswara Trust,
Rep. by its Trustee B.V.S.Mani, (died on 23.06.1999)
... Petitioners
Vs.
1.K.L.Manohar
2.Mohanram Sastry (died on 15.01.1988)
3.C.Srinivasan (died on 29.07.2005)
Rep. by its Director, Mr.C.Ravindran,
No.57, Brodway, Chennai – 600 001.
5.M/s.Beehive Engineering Alli Ed, Industries Ltd.,
Rep. by its Director Mr.C.Ramesh Kumar, No.10, Padmarao Nagar, Secunderabad – 500 025. (Andhra Pradesh).
6.S.V.Ramana,
7.P.Srinivas ... Respondents
PRAYER : Review filed under Order 47 Rule 1 of C.P.C. read with Section 114 of C.P.C against the order passed in C.M.P.No.3625 of 2017 in O.S.A.No.462 of 2009 dated 04.01.2019.
Prayer in OSA.No.462 of 2009:- To give appropriate direction to the learned Administration to proced with the Administration of Sangha by calling upon the Appeallants 4 to 7 in the above appeal to surrender all the books and records of Sangha from 1982 till date. If the Lerned Administrator comes to conclusion there is misappropriation of funds of Sangha by the Appellants 4 to 7 approprite action may be and hereby taken by him by seeking direction from this Hon'ble court (In CMP.No.3625 of 2017).
For Petitioners : M/s.P.Subba Reddy
Mr.A.K.Mylsamy for R3 Mr.M.Maithri for R4 & R5 For Respondents : Mr.V.K.Sathiamurthy, Advocate Commissioner
ORDER
(Order of the Court was made by M.M.SUNDRESH.,J)
Seeking to review the order passed in C.M.P.No.3625 of 2017 in O.S.A.No.462 of 2009, dated 04.01.2019, the present petition has been filed.
only one submission that for the audit completed, the records need not be insisted by the learned Administrator.
submitted that the Company Petition has been filed in the year 1986 and even the evidence given on behalf of the petitioner was to the effect that Audit was not completed at the relevant point of time. Accordingly, the learned counsel states that there are many interpolations. Therefore, the review application will have to be dismissed.
Ultimately, it is for the learned Administrator to take appropriate action in the light of the order passed. Suffice it to say that the petitioners are bound to comply with the orders passed. The effect of non-compliance is taken into consideration at the later point of time. We may only note that the Company Petition has been filed in the year 1986 and, therefore, the contention that the records pertaining to the period prior to that cannot be insisted upon, cannot be countenanced.
Sd/-
Assistant Registrar
// True Copy//
Sub Assistant Registrar
ssm
To
Plot No.9, (HIG) TNHB, Phase-II, Nolambur, Mogappair West,
Chennai-17.
4.Thiru.V.K.Sathiya Murthi, Advocate Commssioner, No.106, Additional Law Chamber, High Court, Madras. Mobile No.9841091331.
+2cc to Mr.P.Subba Reddy, Advocate, SR.No.10259.
+1cc to AK.Mylsamy, Advocate, SR.No.10250.
Review Application No. 98 of 2019
PP(CO) CSR: 12.03.2020
1 issue framed by the court
Whether the review application to review the order in C.M.P.No.3625 of 2017 ought to be allowed
M/s.Swadharma Swaraiya Sangha Orthodox National League Rep.by its Administrator Mr.Ramamurthy
B.V.S.S.Mani
B.Lalitha Rathnam
B.V.S.L.Krishna Kishore
Rathna Prabha
B.V.S.Lakshmi
M.M. SUNDRESH
KRISHNAN RAMASAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
