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HIGH COURT OF DELHI
Date of Decision: 30th June, 2025
PRADEEP GUPTA TRUSTEE OF AMAR NATH SAVITRI DEVI MEMORIAL TRUST & ORS. .....Petitioners
Through: Mr. Vijay Chawla, Mr. Dhruv Chawla, Mr. Huzzaifa Ibhrahim, Ms. Aadya Sinha, Ms. Apurva Nagpal, Mr. Nitin Kumar, Mr. Hrithik Kumar, Ms. Esha Goyal and Ms. Rudrakshi Gautam, Advocates.
TRUST & ORS. .....Respondents
Through: None.
JUDGMENT
1. Petitioners are plaintiffs before the learned Trial Court.
2. One application under Section 151 CPC was moved from the side of defendants no. 1, 3 and 6 before the learned Trial Court and while disposing of the above said application, the learned Trial Court vide order dated 06.05.2025, observed that there was no interim restraint order passed by the Court against any of the parties, restraining the operation and day-to-day work of the Trust.
3. Admittedly, the abovesaid order dated 06.05.2025 was never challenged by the plaintiffs but fact remains that, according to the plaintiffs, CM(M) 1098/2025 2 after the abovesaid order, certain amount was siphoned off and, therefore, they moved an application before the learned Trial Court on 03.06.2025 seeking, inter alia, status quo to be maintained by the defendants with respect to the bank account in question.
4. Learned Trial Court took up the abovesaid application on 03.06.2025. It is submitted that the learned Trial Court, without appreciating the urgency, has merely issued notice to the opposite side for date fixed i.e. 07.08.2025.
5. It is submitted that if, in the interregnum, any further amount is also withdrawn or siphoned off, his request would rather become infructuous.
6. None appears on behalf of the respondents.
7. After hearing arguments for some time, present petition is disposed of with liberty to the petitioners to move an application seeking preponement in the matter. If any such application seeking preponement is moved, the learned Trial Court would consider the same, as expeditiously as possible and would dispose of the above application moved under Section 151 CPC after giving due opportunity of hearing to both the sides.
8. Petition stands disposed of in aforesaid terms.
9. It is, however, clarified that this Court has not made any observation on the merits of the case.
10. Pending applications, if any, stand disposed of.
MANOJ JAIN, J (VACATION JUDGE) JUNE 30, 2025/kd/ss