{"id":321707,"date":"2024-05-08T17:30:57","date_gmt":"2024-05-08T12:00:57","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=321707"},"modified":"2024-05-09T17:49:33","modified_gmt":"2024-05-09T12:19:33","slug":"delhi-high-court-grants-leave-to-file-suit-alleging-underlying-corruption-foreign-funds-tuberculosis-treatment-legal-news","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/05\/08\/delhi-high-court-grants-leave-to-file-suit-alleging-underlying-corruption-foreign-funds-tuberculosis-treatment-legal-news\/","title":{"rendered":"[NGO Operation Asha] Delhi High Court grants leave for suit alleging underlying corruption in foreign funds meant for Tuberculosis Treatment in India"},"content":{"rendered":"
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Delhi High Court:<\/span> An application was filed under section 92 read with section 151<\/a> of the Code of Civil Procedure 1908<\/a> (CPC) by Dr. Shelly Batra, co-founder of Operation ASHA (society) (defendant 1) and was the President of the Board of Management of the society seeking leave to institute the present suit in relation to alleged breach by the defendants of an express or constructive trust in relation to the management and affairs of Operation ASHA along with directions for proper administration of the trust and for other reliefs contemplated under section 92<\/a> CPC<\/a>. Anup Jairam Bhambhani, J., held that all elements and ingredients of section 92<\/a> CPC<\/a> are satisfied and therefore, the plaintiffs are entitled to grant of leave to institute the present suit under section 92<\/a> CPC<\/a>.<\/p>\n

The case at hand involves a society registered under the Societies Registration Act, which was established with the primary objectives of providing health services, particularly focusing on underprivileged sections of society, and specifically addressing tuberculosis. The society’s operations were managed by an Executive Committee entrusted with raising funds through various means for the fulfillment of its objectives. Over time, concerns arose regarding the financial affairs and administration of the society. Allegations surfaced regarding mismanagement, improper utilization of funds, and the lack of appropriate representation in society’s governing body. The plaintiffs, who were intimately associated with the society, took issue with these alleged discrepancies and sought to address them through legal recourse.<\/p>\n

Counsel for the plaintiffs, co-founders and long-time members of the society, brought forward their grievances through a suit under Section 92<\/a> of the Civil Procedure Code<\/a> (CPC). Their submissions primarily focused on the following points:<\/p>\n