Gauhati High Court
Page No.# 1/13 vs Sanjay Jain And 16 Ors on 21 February, 2026
Page No.# 1/13
GAHC010030692026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/456/2026
SHREE VISHWANATH MARWARI DATABYA AUSHDHALAYA AND 2 ORS.
A REGISTERED SOCIETY HAVING ITS OFFICE AT ASSAM TRUNK ROAD
P.O.
P.S. AND DIST- DIBRUGARH
ASSAM
PIN-786001
REPRESENTED BY ITS PRESIDENT AND SECRETARY
2: RAJAN LOHIA
S/O LATE JHABARMAL LOHIA
THE PRESIDENT
SHREE VISHWANATH MARWARI DATABYA AUSHDHALAYA AT ASSAM
TRUNK ROAD
P.O.
P.S. AND DIST- DIBRUGARH
ASSAM
PIN-786001
3: ANIL PODDAR
S/O LATE BISWANATH PODDAR
THE SECRETARY
SHREE VISHWANATH MARWARI DATABYA AUSHDHALAYA AT ASSAM
TRUNK ROAD
P.O.
P.S. AND DIST- DIBRUGARH
ASSAM
PIN-786001
VERSUS
SANJAY JAIN AND 16 ORS
S/O SRI MAHABIR PRASAD JAIN
R/O RKB PATH
P.O.
P.S. AND DIST- DIBRUGARH
Page No.# 2/13
ASSAM
PIN-786001
2:JYOTI KANOI
ZIG ZAG ROAD
CHOWKIDINGHEE
DIBRUGARH (ASSAM)
PIN-786001
3:SAJJAN KUMAR KEJRIWAL
ADVOCATE
TARUN SAMITY LANE
SHANTI PARA
DIBRUGARH (ASSAM)
PIN-786001
4:BADRI GARODIA
LAL BAHADUR SHASTRI MARG
PALTAN BAZAR
DIBRUGARH (ASSAM)
PIN-786001
5:BAJRANG DHANUKA
ELECTRICAL ENTERPRISE
H.S. ROAD
DIBRUGARH
ASSAM-786001
6:NIRMAL GARODIA
BABULAL PODDAR PATH
JHALUKPARA
DIBRUGARH (ASSAM)
PIN-786001
7:ARUN BAGARIA
SHANI MANDIR ROAD
JHALUKPARA
DIBRUGARH
ASSAM-786001
8:VIJAY AGARWAL
GANPATI MARBLES
B.N. MODI ROAD
DIBRUGARH (ASSAM)
PIN-786001
9:ASHOK TULSYAN
S/O DEDRAJ KANHAIYALAL
Page No.# 3/13
H.S. ROAD
DIBRUAGRH
ASSAM-786001
10:RAJ KUMAR AGARWAL
MAHALAYA ROAD
NEAR GOVERNMENT BOYS SCHOOL FIELD
JHALUKPARA
DIBRUGARH
ASSAM- 786001
11:RAJESH GOENKA
MAHALAYA ROAD
JHALUKPARA
DIBRUGARH
ASSAM-786001
12:ANKUR BAWARI
C/O K.L. AGENCY
NEAR JAIN MANDIR
NEW MARKET
DIBRUAGRH (ASSAM)
PIN-786001
13:RAKESH GARODIA
C/O L.N. GARODIA
R.K.B. PATH
DIBRUGARH (ASSAM)
PIN-786001
14:SANDEEP CHAMARIA
C/O M/S SHYAM MOTORS
KHEMKA MARKET
R.K.B. PATH
DIBRUGARH (ASSAM)
PIN-786001
15:BIMAL AGARWAL
C/O PLANTERS MEDICAL STORES
A.T. ROAD
MORANHAT
ASSAM
PIN-785670
16:SHASHI AGARWAL
C/O SANJAY TRADERS
NEAR INDIAN BANK
R.N.C. PATH
Page No.# 4/13
DIBRUGARH
ASSAM-786001
17:BINAY GARODIA
G.S. MODI ROAD
DIBRUGARH (ASSAM)
PIN-786001
------------
Advocate for : MR. BHASKAR DUTTA
SENIOR ADVOCATE
Advocate for : MR N N UPADHYAYA (FOR CAVEATOR) appearing for SANJAY
JAIN AND 16 ORS
Linked Case : I.A.(Civil)/455/2026
JYOTI PRASAD KANOI AND 15 ORS.
S/O LATE SITARAM KANOI
R/O ZIG ZAG ROAD
CHOWKIDINGHEE
DIBRUGARH (ASSAM)
PIN-786001
2: SAJJAN KUMAR KEJRIWAL
ADVOCATE
S/O LATE MAHABIR PRASAD KEJRIWAL
R/O TARUN SAMITY LANE
SHANTI PARA
DIBRUGARH (ASSAM)
PIN-786001
3: BADRI GARODIA
S/O LATE DEBIDUTT GARODIA
R/O LAL BAHADUR SHASTRI MARG
PALTAN BAZAR
DIBRUGARH (ASSAM)
PIN-786001
4: BAJRANG DHANUKA
S/O LATE BABULAL DHANUKA
R/O ELECTRICAL ENTERPRISE
H.S. ROAD
DIBRUGARH
ASSAM-786001
5: NIRMAL GARODIA
S/O LATE RADHAKISHAN GARODIA
Page No.# 5/13
R/O BABULAL PODDAR PATH
JHALUKPARA
DIBRUGARH (ASSAM)
PIN-786001
6: ARUN BAGARIA
S/O LATE RADHA SHYAM BAGARIA
R/O SHANI MANDIR ROAD
JHALUKPARA
DIBRUGARH
ASSAM-786001
7: VIJAY AGARWAL
S/O LATE MAHABIR PRASAD AGARWALLA
R/O GANPATI MARBLES
B.N. MODI ROAD
DIBRUGARH (ASSAM)
PIN-786001
8: ASHOK TULSYAN
S/O LATE LOKNATH TULSYAN
R/O H.S. ROAD
DIBRUAGRH
ASSAM-786001
9: RAJ KUMAR AGARWAL
S/O LATE KHYALIRAM AGARWALLA
R/O MAHALAYA ROAD
NEAR GOVERNMENT BOYS SCHOOL FIELD
JHALUKPARA
DIBRUGARH
ASSAM- 786001
10: RAJESH GOENKA
S/O LATE MAHABIR PRASAD GOENKA
R/O MAHALAYA ROAD
JHALUKPARA
DIBRUGARH
ASSAM-786001
11: ANKUR BAWARI
S/O SRI KISHANLAL BAWARI
R/O C/O K.L. AGENCY
NEAR JAIN MANDIR
NEW MARKET
DIBRUAGRH (ASSAM)
PIN-786001
Page No.# 6/13
12: RAKESH GARODIA
S/O LATE BAJRANGLAL GARODIA
R/O C/O L.N. GARODIA
R.K.B. PATH
DIBRUGARH (ASSAM)
PIN-786001
13: SANDEEP CHAMARIA
S/O SRI SHYAM SUNDAR CHAMARIA
R/O C/O M/S SHYAM MOTORS
KHEMKA MARKET
R.K.B. PATH
DIBRUGARH (ASSAM)
PIN-786001
14: BIMAL AGARWAL
S/O LATE RAM KUMAR AGARWAL
R/O C/O PLANTERS MEDICAL STORES
A.T. ROAD
MORANHAT
ASSAM
PIN-785670
15: SHASHI AGARWAL
S/O LATE MADANLAL AGARWAL
R/O C/O SANJAY TRADERS
NEAR INDIAN BANK
R.N.C. PATH
DIBRUGARH
ASSAM-786001
16: BINAY GARODIA
S/O SRI BISWANTH GARODIA
R/O G.S. MODI ROAD
DIBRUGARH (ASSAM)
PIN-786001
VERSUS
SANJAY JAIN AND 3 ORS
S/O SRI MAHABIR PRASAD JAIN
R/O RKB PATH
P.O.
P.S. AND DIST- DIBRUGARH
ASSAM
PIN-786001
2:SHREE VISHWANATH MARWARI DATABYA AUSHDHALAYA
A REGISTERED SOCIETY HAVING ITS OFFICE AT ASSAM TRUNK ROAD
Page No.# 7/13
P.O.
P.S. AND DIST- DIBRUGARH
ASSAM
PIN-786001
REPRESENTED BY ITS PRESIDENT AND SECRETARY
3:RAJAN LOHIA
THE PRESIDENT
SHREE VISHWANATH MARWARI DATABYA AUSHDHALAYA AT ASSAM
TRUNK ROAD
P.O.
P.S. AND DIST- DIBRUGARH
ASSAM
PIN-786001
4:ANIL PODDAR
THE SECRETARY
SHREE VISHWANATH MARWARI DATABYA AUSHDHALAYA AT ASSAM
TRUNK ROAD
P.O.
P.S. AND DIST- DIBRUGARH
ASSAM
PIN-786001
------------
Advocate for : MR. SAILENDRA DEKA
Advocate for : MR N N UPADHYAYA (FOR CAVEATOR) appearing for SANJAY
JAIN AND 3 ORS
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 21.02.2026
1. Since, both the interlocutory applications, i.e., IA(C)No. 455/2026 as
well as IA(C)No. 456/2026 are filed by the applicants/appellants in FAO No.
8/2026 as well as FAO No. 9/2026 respectively, seeking the stay of operation of
the order dated 20.01.2026 passed by the Court of the learned Civil Judge
(Senior Division), Dibrugarh in Misc.(J) Case No. 8/2026, which has been
impugned in both the above-mentioned appeals, hence, both these interlocutory
Page No.# 8/13
applications are taken up for consideration together.
2. I have heard Mr. S. Deka, learned counsel for the applicants in I.A.(C)
No. 455/2026 as well as Mr. B. Dutta, learned senior counsel assisted by Mr. J.
Das, learned counsel for applicants in I.A.(C) No. 456/2026. I have also heard
Mr. P. J. Saikia, learned senior counsel assisted by Mr. A. K. Gupta, learned
counsel for respondent No. 1 in both the interlocutory applications and learned
counsel for other respondents.
3. These applications under Order 41 Rule 5 of the Code of Civil
Procedure, 1908, are filed by the applicants praying for stay of the order dated
20.01.2026 passed by the trial court in above-mentioned Misc.(J) Case No.
8/2026 whereby the expulsion of the respondent No. 1 from the membership of
Shree Vishwanath Marwari Databya Aushdhalaya was stayed by the trial court.
4. It is pertinent to mention herein that the aforesaid impugned order
dated 20.01.2026 have been impugned by the applicants in the connected
appeals.
5. It is pertinent to mention herein that the respondent No. 1 has
instituted a title suit bearing Title Suit No. 5/2026 before the Court of learned
Civil Judge(Senior Division), Dibrugarh, challenging the notice dated 09.01.2026
issued by the President and Secretary of the aforementioned society calling
upon him to withdraw his membership of the society by a written
communication as well as giving him an opportunity of hearing, asking him to
appear personally before the Executive Committee on 16.01.2026.
6. In the aforesaid suit, the respondent No. 1 had also filed a Misc. case
which was registered as Misc.(J) Case No. 8/2026 in which the relief for
Page No.# 9/13
temporary injunction to the effect of not giving effect to the notice dated
09.01.2026 was prayed for.
7. The learned counsel for the applicants have submitted that though in
the Misc.(J) Case No. 8/2026 as well as in the Title Suit No. 5/2026, no relief
against the resolution, which was adopted on 16.01.2026, was sought for, the
trial court, by the impugned order, had stayed the operation of the aforesaid
resolution by directing the parties to maintain status quo in respect of the
resolution adopted on 16.01.2026.
8. The learned counsel for the applicants submits that thereby the trial
court had erred in granting relief for which there was no pleading before it and
thus has exceeded in its jurisdiction. The learned counsel for the applicants has
further submitted that though in the title suit as well as in the Misc.(J) case, the
present respondent No. 1 as plaintiff/petitioner has made nineteen persons as
defendants, however, the trial court had erred in disposing of the entire Misc.(J)
case by giving opportunity of hearing only to the respondent Nos. 1, 2 and 3
and thus it has violated the provisions of Order 39 Rule 3 and 3A of the Code of
Civil Procedure, 1908.
9. The learned senior counsel for the applicants has submitted that it was
an act of judicial impropriety on the part of the learned trial court in disposing of
the matter finally without issuing notice to some of the respondents when those
respondents were made party in the suit as well as in the interlocutory
application in their individual capacity. He further submits that otherwise also as
per the Memorandum of Association and Rules and Regulations of the
aforementioned society, the expulsion of respondent No. 1 is not final as the
resolution of expulsion have to be approved by the AGM in terms of Rule-13 of
Page No.# 10/13
the Rules and Regulation of the society.
10. He also submits that, in the meanwhile, the process of election of the
society has been initiated by way of issuance of notice dated 03.02.2026 which
was done in terms of the order dated 16.10.2025 passed by this Court in
CRP(IO) No. 432/2025. The learned senior counsel, therefore, submits that
considering these aspects, the impugned order may be set aside and matter
may be finally remanded to the trial court for fresh disposal after giving notice
to all the parties.
11. On the other hand, Mr. P. J. Saikia, the learned senior counsel for the
respondent No. 1 has submitted that the connected appeals, i.e., FAO No.
8/2026 and FAO No. 9/2026 have already been admitted for hearing and the
next date of hearing is fixed on 24 th of March, 2026. He also submits that the
respective merit of the contentions of respective parties may be considered
while considering the connected appeals on 24.03.2026. However, he submits
that presently the interim order need not to be stayed as there is no apparent
infirmity or illegality in the impugned order. He further submits that since the
applicants in I.A.(C) No. 455/2026 are the members of the applicant No. 1 of
I.A.(C) No. 456/2026and since, the applicant No. 1 of the I.A.(C) No. 456/2026,
Shree Vishwanath Marwari Databya Aushdhalaya and others were represented
before the trial court by its President and Secretary on 16.01.2026 when the
matter was first taken up with the trial court, as Caveators. He submits that on
that date the trial court fixed the next date of hearing on 17 th of January, 2026.
Thereafter, on the next date after hearing both sides, the matter was reserved
for orders on 20.01.2026. On the said day, the impugned order was passed.
Page No.# 11/13
12. The learned senior counsel for the respondent No. 1further submits that
on perusal of the impugned order, it appears that there is an observation by the
trial court to the effect that written synopsis of arguments was also submitted
before the trial court by the opposite parties. He, therefore, submits that since
the applicants in FAO No. 8/2026 are the members of the executive committee
and since the executive committee itself, on 09.01.2026, adopted a resolution
authorizing itsPresident and Secretary to pursue any litigation on behalf of the
Shree Vishwanath Marwari Databya Aushdhalaya, hence, when the said society
as well as its President and Secretary were given opportunity of being heard by
the trial court before passing the impugned order, the other executive members
ought not to have any grievance regarding their non-representation.
13. He further submits that as regards the impugned order of the Trial
Court whereby the stay was granted on the operation of resolution adopted on
16.01.2026, he submits that when the suit was filed by the respondent No. 1
i.e., on 12th of January, 2026, no such resolution was in existence and same was
adopted later on. He submits that the adoption of the resolution on 16.01.2026
is an event subsequent to the filing of the suit, which has a connection with the
subject matter of the suit, therefore, the trial court had not erred by taking into
consideration the subsequent events in respect of the subject matter of the suit
and by moulding the relief, in light of the facts and circumstances of the case.
Hence, he submits that the trial court has not erred in passing the impugned
order, and accordingly, he opposes the grant of any stay of the impugned order
during the pendency of the connected appeals.
14. I have considered the submissions made by the counsel for both sides.
I have also gone through the materials available on record.
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15. On perusal of the materials on record, it appears that the main
contention of the applicants in these interlocutory applications for seeking stay
of operation of the impugned order, during the pendency of the connected
appeals, is that the orders are apparently illegal as it has stayed the operation
of the resolution, which was not the subject matter of the suit. The other
contention of the applicants is that the applicants who were made as opposite
party in the Misc.(J) Case No. 8/2026 before the trial court, were not issued any
notice.
16. It appears that these contentions are also raised in the connected
appeals filed by the applicants. Hence, any observation on the merit of the
respective contentions of the parties at this stage may impact the connected
appeals which are already fixed for final hearing on 24.03.2026. Hence, this
Court is not inclined to give any observations as regards the contentions raised
by learned counsel for respective parties. However, in view of the fact that even
if no stay is granted at this stage, the day-to-day work of the Shree Vishwanath
Marwari Databya Aushdhalaya as well as AGM-cum-election meeting which has
been called for in pursuant to the notice dated 03.02.2026 would not be
affected by the operation of the impugned order save and except the fact that
the respondent No. 1 shall continue to be treated as a member of Shree
Vishwanath Marwari Databya Aushdhalaya during the pendency of connected
appeals. Hence, considering the comparative inconvenience which may be faced
by the respective parties as well as also considering the fact that the
contentions raised by the applicants shall have to be dealt with in the connected
appeals, this Court is not inclined to grant any stay of the impugned order at
this stage.
Page No.# 13/13
17. The above mentioned interlocutory applications are accordingly
disposed of.
JUDGE
Comparing Assistant
