Allowed

P.Manish v. M.J.Sandhana Krishna Pillai

Madras HC8 Jul 2024A/2771/2023

Case brief

AI extract

What is this about?

In this interim application, the Court observed that the report of the Advocate Commissioner filed by the applicants met the object of the prayer. The applicant's counsel conceded that the applicant must unlock the trust office to admit the newly appointed trustees. The application was allowed on such terms.

What did the court decide?

Application allowed with directions to remove lock on trust office to admit trustees; parties may pursue civil or criminal remedies.

P.Manish Vs M.J.Sandhana Krishna Pillai — Civil Procedure and Limitation | Madras HC (2024)

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A.No.2771 of 2023 in C.S.No.246 of 1930

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P.B.BALAJI, J.

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This application has been filed to direct the respondents to hand

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over all the records and keys as per Annexure 1 to the newly appointed Trustees of the Vasudeva Pillai Trust situated No.23, Ooty Villa Thandavan Street, Purasawakkam, Chennai 600 007.

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2.In pursuance of orders of this Court, on an earlier occasion, an Advocate Commissioner was appointed and he has also filed a report along with an Annexure, indicating the documents which are secured within the trust premises. He has also set out specific documents which are missing either in originals or totally missing for a particular period.

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3.Mr.Sharath Chandran, learned counsel for the applicants would submit that the erstwhile Manager/in charge one Mr.Soundharapandian, during the relevant period of time, is answerable for the missing originals as well as the other documents. He would rely on the report of the Advocate Commissioner in this regard to fortify his contention that for the period 2014 to 2022, several documents have mysteriously gone missing. He would therefore seeks suitable directions to be issued.

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https://www.mhc.tn.gov.in/judis

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4.Ms.Umme Ruman, the learned counsel for the respondents 14 to

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16 would submit that they are the newly appointed trustees and they have

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common intention along with the applicants and they are also on the same

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footing as regards the applicants with regard to the missing documents.

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5.Since the purpose of the application is met with the filing of the report, I see no requirement to issue any further directions beyond the scope of the prayer sought for in the application itself. However, the parties are at liberty to workout their rights and remedies as available under law, including launching criminal prosecution against the persons, who according to them, are mischief makers. In the meantime, it is reported that the present trustees are prevented from entering the trust office in view of the over locking by the applicants. Mr.Sharath Chandran, fairly concedes that he would advise the applicants to remove the lock to enable the trust office to be opened by the newly elected trustees.

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6.This application is allowed with the above directions.

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08.07.2024

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ata

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https://www.mhc.tn.gov.in/judis

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P.B.BALAJI, J., ata

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A.No.2771 of 2023 in C.S.No.246 of 1930

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08.07.2024

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https://www.mhc.tn.gov.in/judis

P.Manish v. M.J.Sandhana Krishna Pillai

Case brief

What is this about?

What did the court decide?

P.Manish v. M.J.Sandhana Krishna Pillai

Case brief

What is this about?

What did the court decide?

What the court decided

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