Authority: Supreme Court of India

Order Date: 25-09-2026

Case Overview

  • Petitioners: Nathuram Sharma & Ors.; Respondents: Pankaj Yadav & Ors.; Special Leave Petitions (C) No.20360‑20361/2025 arising from High Court judgments dated 12‑11‑2024 in FAFO No.602/2023 and FAFO No.297/2024.
  • Pending applications: IA No.135403/2025 (exemption from filing O.T.), IA No.135402/2025 (permission to file additional documents/facts/annexures), IA No.283184/2026 (impleadment).
  • The Court allowed IA No.283184/2026, impleading the applicant as a respondent and amending the cause title accordingly.
  • Parties were to suggest an auditor; respondents accepted the auditor proposed by petitioners: M/s Rupesh Goyal and Co., 203‑204, D‑5, Avadh Complex, Laxmi Nagar, Delhi‑110092, Email: romgoyal@gmail.com.
  • The Court appointed M/s Rupesh Goyal and Co. as the Auditor for the Society, replacing the existing Auditor Manoj Jeevan & Associates (GL‑1, Shrishti Apartment Kherapati Road, Gwalior, M.P.‑474002). The appointed Auditor will independently audit all relevant materials for the current financial year and submit its report.
  • If during the suit any material indicating serious past irregularities/fraud emerges, the Trial Court may direct the appointed Auditor to audit those periods as well. Parties may raise objections before the Auditor and the Trial Court, which will be considered according to law.
  • The Court clarified that the appointment of the Auditor is not a comment on the bona‑fide of the replaced Auditor.
  • Both parties jointly prayed for the Trial Court to expedite the suit; the Court found the request reasonable and directed the Trial Court to complete the trial preferably within one year from the date of this order.
  • It remains open for the parties to file any further petitions before the Trial Court, which will be considered on its merits.

Final Outcome

  • The Special Leave Petitions are disposed of, and any pending applications are also disposed.
  • M/s Rupesh Goyal and Co. is appointed Auditor for the Society; the Trial Court is directed to expedite the underlying suit within one year.

Topics: Auditor Appointment, Court Direction