1 O.P.(C) NO.2555 OF 2024 2025:KER:23405 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 19TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946 O.P.(C) NO.2555 OF 2024 (AGAINST THE ORDER/JUDGMENT DATED 22.06.2024 IN OS NO.443 OF 2023 OF I ADDITIONAL MUNSIFF COURT, ERNAKULAM) PETITIONERS.RESPONDENTS 1, 2, & 4/DEFENDANTS 1, 2 & 4: 1 THE SALVATION ARMY, NATIONAL OFFICE, 37, LENIN SARANI (FIRST FLOOR), DHARAMTALA STREET, P.O.BOX NO.8994, KOLKOTA, WEST BENGAL, REPRESENTED BY ITS NATIONAL EXECUTIVE OFFICER, PIN – 700 013 2 THE SALVATION ARMY COMPANY LTD., REGISTERED OFFICE AT SHEIK HAFFIZUDDIN MARG, BYCULLA, POST BOX NO.4510, MUMBAI, REPRESENTED BY ITS SECRETARY OF BOARD OF DIRECTORS, PIN – 400 008 3 COLONEL S.P.SIMON, AGED 63 YEARS, S/O MAJOR J. POULOSE, NATIONAL EXECUTIVE OFFICER, THE SALVATION ARMY, NATIONAL OFFICE, 37, LENIN SARANI (FIRST FLOOR), DHARAMTALA STREET, P.O.BOX NO.8994, KOLKOTA, WEST BENGAL, PIN – 700 013 BY ADV PRAMOD J.DEV RESPONDENTS/PETITIONERS & RESPONDENTS 3, 5,-9/PLAINTIFFS & DEFENDANT 3, 5-9: 1 SAMUEL BABU, AGED 74 YEARS, S/O SAMUEL, MODIYIL HOUSE, MARADU P.O., KOCHI, PIN – 682 304 2 MOHAN DAS P.S, AGED 68 YEARS, S/O SAMUEL, CHALIMATTOM HOUSE, MULAMTHURUTHY P.O., ERNAKULAM, PIN – 682 314 2 O.P.(C) NO.2555 OF 2024 2025:KER:23405 3 COMMISSIONER JOHN KUMAR DASARI (DELETED), AGED 61 YEARS, S/O JOHN DAVID, NATIONAL CHAIRMAN, THE SALVATION ARMY, NATIONAL OFFICE, 37, LENIN SARANI (FIRST FLOOR), DHARAMTALA STREET, P.O.BOX NO.8994, KOLKOTA, WEST BENGAL, PIN – 700 013 4 THE SALVATION ARMY PROPERTY COMPANY LTD, (DELETED), REGISTERED OFFICE AT 79A, SHEIK HAFFIZUDDIN MARG, BYCULLA, POST BOX NO. 4510, MUMBAI, REPRESENTED BY ITS CHAIRMAN OF BOARD OF DIRECTORS, PIN – 400 008 5 THE SALVATION ARMY, (DELETED), INDIA SOUTH WESTERN TERRITORY (KERALA), TERRITORIAL HEADQUARTERS, KOWDIAR P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS TERRITORIAL COMMANDER, PIN – 695 003 6 LT. COLONEL JAYARAJ DANIEL JEBASING RAJ, (DELETED) AGED 62 YEARS, S/O JAYARAJ, CHIEF SECRETARY, THE SALVATION ARMY, INDIA SOUTH WESTERN TERRITORY (KERALA), TERRITORIAL HEADQUARTERS, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN – 695 003 7 COLONEL JOHN WILLIAM, S/O WILLIAM (DELETED), CHIEF SECRETARY, THE SALVATION ARMY, INDIA WESTERN TERRITORY, TERRITORIAL HEADQUARTERS, SHEIK HAFFIZUDDIN MARG, BYCULLA, POST BOX NO. 4510, MUMBAI, PIN – 400 008 8 COLONEL RATNASUNDARI POLIMETLA, (DELETED) W/O COLONEL JOHN WILLIAM, DIRECTOR, THE SALVATION ARMY COMPANY LTD, REGISTERED OFFICE AT SHEIK HAFFIZUDDIN MARG, BYCULLA, POST BOX NO. 4510, MUMBAI, PIN – 400 008 (R3 TO R8 ARE DELTTED FROM THE PARTY ARRY AT THE RISK OF THE PETITIONER, VIDE ORDER DATED 12.12.2024 IN I.A.1/2024.) ADV. SABU THOZHUPPADAN THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12.11.2024, THE COURT ON 19.03.2025 DELIVERED THE FOLLOWING: 3 O.P.(C) NO.2555 OF 2024 2025:KER:23405 JUDGMENT (Dated: 19th March, 2025) The petitioners are defendants 1, 2, and 4 in O.S.No.443 of 2023 on the file of the 1st Additional Munsiff Court, Ernakulam. Respondents are plaintiffs and the other defendants are the office bearers of the 1st petitioner church and another company. The suit was filed for declaring the appointment of 9th and 10th defendants as the Territorial Commander and Territorial President of the Women Ministries of the Salvation Army respectively, of the 6th Defendant Territory by the General of the Salvation Army with Head Quarters in the United Kingdom, is illegal and void and is in violation of the Articles of Association of the 2nd defendant company /2nd petitioner herein, revised in 2019 and for a permanent prohibitory injunction restraining the defendants 9 and 10 from taking charge of the offices of the Territorial Commander and Territorial President of the Women 4 O.P.(C) NO.2555 OF 2024 2025:KER:23405 Ministries. 2. A written statement is filed by defendants 1, 2, 4, to 6, 8, and 10 as Ext.P2. Pending the suit, the petitioner filed I.A.No.2 of 2023 for an order directing the respondents/defendants 1 to 3, 5, 6, 8 to 10, to produce certain documents annexed in the petition therein. The documents to be produced are 10 in number. The 1st and 2nd documents relate to the appointment orders of the 9th and 10th defendants as Territorial Commander and Territorial President of the Women Ministries of the Salvation Army. 3 and 4 relate to the memorandum of association of the Salvation Army Company Ltd. revised in 2019 and the Articles of Association of the 2nd defendant Salvation of the Company revised in 2019. 5 and 6 relate to the Memorandum of Association and Articles of Association of the 5th defendant; 7 and 8 relate to the Board Manual of the Salvation Army Company Limited and Board Chart of the Salvation Army Company 5 O.P.(C) NO.2555 OF 2024 2025:KER:23405 Limited. 9 and 10 are the explanations submitted by respondents 1 to 8/ defendants 1 to 3, 5, 6, and 8 to 10 to the registrar of the companies and the appointment order of one Colonel P.S.Simon as the National Executive Officer. 3. A detailed objection was filed by the contesting defendants as Ext.P4. The trial court by Ext.P5 allowed the application and directed the defendants to produce the appointment order of the 9th and 10th defendants and also the Board chart of the Salvation Army Company Limited. The defendants have approached this court under Article 227 of the Constitution of India challenging Ext.P5. 4. Heard the counsel for the petitioner as well as the respondent. 5. The counsel for the petitioner, Sri.Pramod J. Dev, has argued that a reading of the prayers in the suit would show that he wants a declaration that the appointment of 9th and 10th defendants 6 O.P.(C) NO.2555 OF 2024 2025:KER:23405 as the Territorial Commander and Territorial President of the Woman Ministries of the Salvation Army declared is illegal and void as it is in violation of the Articles Association of the 2nd defendant company. Along with the plaint, Articles of Association is already produced as a document. The counsel further submits that documents No.1 and 2, regarding the appointment orders of 9th and 10th defendants, will be produced before the trial court. As per the impugned order, the direction is to produce the Sl.Nos.1, 2, 7, and 8. The court below has found that document Nos.7 and 8, Board Manual and Board Charter, prescribe the duties and authority of the whole Board members and procedures prescribed. Therefore, the said document is highly necessary for the adjudication of the list and, therefore, directed production. 6. The counsel for the respondent submits that the documents mentioned in the application are highly necessary because 7 O.P.(C) NO.2555 OF 2024 2025:KER:23405 the appointment of the 9th, and 10th defendant is based on the Board Manual and Board Charter of the 2nd defendant. Unless and until it is brought before the court, the court will not be able to peruse the same and the violation occurred in appointing the 9th and 10th defendants. Therefore, the said documents are highly necessary, and the court has already come to a conclusion that they are highly necessary for the adjudication of the lis. Therefore, no interference is warranted with. 7. As submitted by the counsel for the petitioner, documents Nos.3, 4, 9, and 10 are already before the court, and as far as 1 and 2 are concerned, they undertake that they will be produced before the Trial Court by the petitioner. They object only to the production of the Board Manual as well as the Board Chart as it does not relate to any of the appointments of the 9th and 10th defendants in the suit. It is only based on the memorandum of association and Articles of Association, the appointment is made. The said documents are already before the 8 O.P.(C) NO.2555 OF 2024 2025:KER:23405 court, and the documents now sought are not connected with the appointments, and they need not be produced. 8. The court has entered into a finding that the document Nos.7 and 8 are needed for adjudication after reading the plaint averments and entering into the finding that the duties of the entire Board and the members' authority are specifically related in the Board Charter. From a perusal of the plaint as a whole and the prayers sought in the plaint, it can be seen that the suit is filed alleging the violation of the association of the company as revised in 2019. The plaintiff is aggrieved by the amendment brought in 2019 to the Articles of Association. The suit itself revolves around the amendment of articles of association, and it is already before the court, and the documents which are sought as Item No.7 and 8 are not necessary for the disposal of the suit. The learned Munsiff has not correctly applied his mind after perusing the entire pleadings in the plaint as well as the relief 9 O.P.(C) NO.2555 OF 2024 2025:KER:23405 sought for. Therefore, the direction in Ext.P5 to the extent of directing the defendants to produce the Board Manual and Board Chart by the 2nd defendant company is set aside. The Original Petition (C) is allowed as indicated above. Sd/- BASANT BALAJI, JUDGE ss 10 O.P.(C) NO.2555 OF 2024 2025:KER:23405 APPENDIX OF OP(C) 2555/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT IN O.S. NO. 443 OF 2023 BEFORE THE HON’BLE FIRST ADDITIONAL MUNSIFF’S COURT, ERNAKULAM Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT IN O.S. NO. 443 OF 2023 BEFORE THE HON’BLE FIRST ADDITIONAL MUNSIFF’S COURT, ERNAKULAM FILED BY DEFENDANTS 1, 2, 4-6 & 8-10 Exhibit P3 A TRUE COPY OF THE PETITION IN I A NO.2 OF 2023 IN O.S. NO. O.S. NO. 443 OF 2023 BEFORE THE HON’BLE FIRST ADDITIONAL MUNSIFF’S COURT, ERNAKULAM Exhibit P4 A TRUE COPY OF THE OBJECTIONS IN I.A. NO. 2/2023 IN O.S. NO. 443 OF 2023 BEFORE THE HON’BLE FIRST ADDITIONAL MUNSIFF’S COURT, ERNAKULAM Exhibit P5 A TRUE COPY OF THE ORDER DATED 22.06.2024 IN I.A. NO. 2/2023 IN O.S. NO. 443 OF 2023 BEFORE THE HON’BLE FIRST ADDITIONAL MUNSIFF’S COURT, ERNAKULAM Exhibit P6 TRUE COPY OF THE PETITION IN I.A. NO. 3/2023 IN O.S. NO. 443 OF 2023 BEFORE THE HON’BLE FIRST ADDITIONAL MUNSIFF’S COURT, ERNAKULAM Exhibit P7 TRUE COPY OF THE OBJECTIONS IN I.A. NO. 3/2023 IN O.S. NO. 443 OF 2023 BEFORE THE HON’BLE FIRST ADDITIONAL MUNSIFF’S COURT, ERNAKULAM RESPONDENT EXHIBITS Exhibit- R1 (a) True copy of E-Court proceedings dated 22/06/2024 in O.S.No. 443/2023 of 1st Additional Munsiff Court, Ernakulam Exhibit- R1 (b) True copy of E-Court proceedings dated 11/07/2024 in O.S.No. 443/2023 of 1st Additional Munsiff Court, Ernakulam 11 O.P.(C) NO.2555 OF 2024 2025:KER:23405 Exhibit- R1 (c) True copy of E-Court proceedings dated 14/08/2024 in O.S.No. 443/2023 of 1st Additional Munsiff Court, Ernakulam Exhibit- R1 (d) True copy of E-Court proceedings dated 22/10/2024 in O.S.No. 443/2023 of 1st Additional Munsiff Court, Ernakulam