school management aided

Querist : Anonymous (Querist) 20 October 2010 This query is : Resolved
There is a case against the manager of the school by other management members.The total management members only eight in number and four of them including the manager forms illegally one group and the other four gave a court case.
Still the manager appoints staff and all day to day activities.
How to stop him from that till the disposal of suit.
How to obtain injunction .
The case is in sub court. in tamil nadu.
The manager and the parties taken an order from Madurai court, tamil nadu for delaying our injunction if any submitted.or CAveat or something like that.
Please suggest remedy
VERY URGENT.
Can the four parties form a trust on their own and change the manager and notify it to Education offices.
What is the immediate remedy.
Simply by waiting for the case against them is not wise as it will take time.
please

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s.subramanian (Expert) 20 October 2010
Is the school established under a trust or is it a registered society. If it is a trust you can file a civil suit before the civil court for appointment of a court receiver to take over the management during the pendency of the suit and you can seek injunction also. Filing of the caveat cannot and need not delay the process. Serve the copies and the notice of motion directly on the counsel who filed the caveat and go ahead with the pressing for immediate interim orders. The court can pass interim orders at once. You can rely on the latest judgment of the Madras High court (Justice Venugopal .M.) in this regard. If it is registered society,you can file a petition before the Distrcit Registrar under the Societies Registration Act for appropriate remedy. If it is within Madurai,you can invoke the original jurisdiction of the Madurai Bench of the Madras High court for redressal.

Kirti Kar Tripathi (Expert) 20 October 2010
i agree with Mr. Subramanan

Devajyoti Barman (Expert) 20 October 2010
Yes

aman kumar (Expert) 20 October 2010
agree

pawan sharma (Expert) 20 October 2010
I concur with Mr.Subramanian.

M/s. Y-not legal services (Expert) 20 October 2010
yes.. me too agree with mr.subramanian

Uma parameswaran (Expert) 20 October 2010
I am also supporting Subramanian Sir.If the other side is having any order definitely it should be there in the Lower Court case file.You can verify it and can take appropriate steps.

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