Delhi High Court - Orders
K D Education Trust Through Varun Kumar ... vs Sachin Rana & Ors on 21 May, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 482/2023, CRL.M.A. 2421/2024, I.A. 15222/2023,
24394/2023
K D EDUCATION TRUST THROUGH VARUN KUMAR
SETH ..... Plaintiff
Through: Mr. Saurabh Kirpal, Sr. Adv. with
Mr. Chetan Sharma, Mr. Samarth
Tyagi, Mr. Ilesh Shukla, Mr. Manav
Jain, Mr. Vishnu Kumar, Mr.
Chetanya Singh, Ms. Ria Sachthey,
Mr. Dhruv Chatrath and Ms. Rekha
Shukla, Advocates (M:
9870237613).
versus
SACHIN RANA & ORS. ..... Defendants
Through: Mr. Parmatma Singh, Mr. Madhur
Jain and Mr. Reshul Mittra,
Advocates (M: 8588093178).
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 21.05.2024
1. This hearing has been done through hybrid mode.
2. This is a suit filed by the Plaintiff with respect to K.D. Education Trust seeking declaration of the Supplementary Trust Deed dated 12th July, 2023, as null and void as also restraining Defendants from interfering with the rights, title and interest of the Plaintiff and its trustees and members.
3. Ld. Counsel for the Defendants points out that in terms of the order dated 6th September, 2023 the accounts are not being filed by the Trust. Mr. This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/05/2024 at 00:04:14 Kirpal, ld. Sr. Counsel submits that bank account statements are being filed regularly in terms of the said order. The operative portion of the said order reads as under:-
"14.This is an application filed by the plaintiff seeking an ad interim injunction restraining the defendants and their agents from acting upon the supplementary trust deed dated 12.07.2023 which is being assailed in the present suit as a forged and fabricated document.
15.Issue notice. Learned counsel for the defendants accepts notice. He prays for and is granted four weeks time to file a reply. Rejoinder thereto, if any, be filed within two weeks thereafter.
16. The present suit has been filed seeking a declaration that the supplementary trust deed dated 12.07.2023 is a forged and fabricated document. It may be noted that the plaintiffs include three of the trustees who, as per the impugned trust deed, had consented for execution of the same. It is their specific case before this Court that that they had never agreed for execution of the supplementary trust deed dated 12.07.2023 and it has been incorrectly recorded that they had consented to the execution thereof.
17.In these circumstances, I am of the view that when the very parties who are alleged to have consented to the execution of the impugned trust deed are before this Court and have stated on affidavit that the impugned trust deed has been executed without their knowledge or consent, the plaintiffs have been able to make out a prima facie case. The balance of inconvenience is also in their favour. Grave and irreparable prejudice would be caused to the plaintiffs in case the defendants proceed to alter the position of the trust on the basis of the impugned trust deed dated 12.07.2023.
18.The defendants and their agents are, accordingly, till the next date, restrained from acting in furtherance of the supplementary trust deed dated This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/05/2024 at 00:04:14 12.07.2023. This would however be subject to the plaintiff trust maintaining accounts and filing the same before this Court with a supporting affidavit every six weeks. Consequently, all concerned Authorities will, till the next date, stand restrained from taking any action/steps on the basis of the supplementary trust deed dated 12.07.2023."
4. In terms of the above order, the Plaintiff-Trust had to maintain accounts and file the same before this Court. This obviously meant books of accounts and not merely bank account statements. It is now clarified that Plaintiff shall file its book of accounts duly audited by the chartered accountant every three months. For the past period, the account books shall be filed by 10th July, 2024.
5. Subject to the above, interim orders to continue.
6. List on 6th August, 2024.
PRATHIBA M. SINGH, J.
MAY 21, 2024 mr/ks This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/05/2024 at 00:04:14