Authority: Madras High Court, Bench of Hon'ble Mrs. Justice K. Govindarajan Thilakavadi

Order Date: 24-09-2026

Case Overview

  • Applicant: K. Mahaavir Chordia, hereditary member of The Research Foundation for Jainology since 1989, residing at No.18, Ramanuja Iyer Street, Sowcarpet, Chennai-600001.
  • Respondents: The Research Foundation for Jainology (Society) and its office‑bearers – General Secretary Mr. Padam Kumar Tatia, President Mr. Kailashmull Dugar, Vice President N. Sugal Chand Jain, Treasurer F.C. Jain.
  • Relief sought: An ad‑interim injunction under Order XIV Rule 8 of the OS Rules and Order XXXIX Rules 1 & 2 of the CPC to restrain the Society from conducting its Annual General Body Meeting scheduled for 29.09.2026, 3 P.M., at Hotel Palm Grove, Kodambakkam, Chennai‑600034.
  • Applicant’s grievance: The notice dated 02.09.2026 was allegedly dispatched only on 15.09.2026 and received by the applicant on 16.09.2026, thereby violating the 21‑day notice requirement under Section 26 of the Tamil Nadu Societies Registration Act, 1975, Rule 25(1) and Clause 17 of the Society’s Bye‑laws.
  • Court’s observation: While the AGM is a statutory requirement and cannot be indefinitely suspended, the adequacy of the notice period must be examined after the respondents file their records.

Final Outcome

  • The Court declined to grant a complete restraining order; the AGM may proceed on 29.09.2026 subject to the following conditions:

i. Conduct strictly in accordance with the Tamil Nadu Societies Registration Act, the Rules, and the Society’s registered Bye‑laws.

ii. All members, including the applicant, must be allowed to participate, raise objections, make submissions, and vote on all matters.

iii. Proper minutes, attendance register, notice, agenda, and resolutions must be preserved in original form.

iv. For each agenda item, members must be given a reasonable opportunity to seek clarification before voting.

v. For any agenda concerning purchase, sale, acquisition, alienation, encumbrance or other transaction of Society property or substantial assets, the respondents must present the relevant agreement, title documents, consideration details, authorisation, resolutions and other material documents to the General Body.

vi. Resolutions relating to such property transactions shall be recorded separately and will be subject to the outcome of the present proceedings.

vii. The validity of the 02.09.2026 notice, the computation of the 21‑day period, the tenure of the current office‑bearers, and the legal effect of any resolutions passed are expressly left open for adjudication in the main suit.

  • The Court clarified that permitting the meeting does not constitute a finding that the notice complied with statutory requirements nor that the office‑bearers are lawfully in office.
  • Respondents must ensure the meeting is peaceful and fully compliant with statutory provisions and Bye‑laws, without depriving any eligible member of lawful rights.

Topics: Legal Procedure, Society Governance