T. CHOITHRAM FOUNDATION & ORS. vs SATISH MOTIANI, TRUSTEE & ORS.

Judgment text excerpt

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Delivered on: 12.05.2026 + CS(OS) 609/2021 T. CHOITHRAM FOUNDATION & ORS. .....Plaintiffs Through: Mr. Abhimanyu Mahajan, Ms. Amritananda Chakravorty, Mr. Mihir Samson, Ms. Shreya Munoth, Ms. Asawari Sodhi, Ms. Anubha Goel, Mr. Mayank Joshi, Ms. Vaishnavi Prasad and Mr. Khush Aalam Singh, Advs. versus SATISH MOTIANI, TRUSTEE & ORS. .....Defendants Through: Mr. Gaurav Khanna, Mr. Gautam Barnwal, Ms. Sakshi Attri and Ms. Astha Agrawal, Advs. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN JUDGMENT VIKAS MAHAJAN, J (ORAL) I.A. 14834/2023 (by defendants under Section 10 CPC seeking stay of present suit during the pendency of RCS/A/1255 of 2021 pending before the Ld. XXVI ADJ, Indore) 1. The present application has been filed by the defendants invoking Section 10 CPC, seeking stay of the instant suit till the adjudication of suit bearing no. RCS/A/1255 of 2021 titled as “Choithram Charitable Trust & Ors. vs. Satish Motiani & Ors.” pending before the learned XXVI Additional District Judge, Indore (hereinafter ‘Indore Suit’) which was instituted prior to the instant suit. 2. It is stated that the two suits pertain to the same reliefs sought with Signature Not Verified Digitally Signed CS(OS) 609/2021 Page 1 of 16 By:DEEPAK SINGH Signing Date:16.05.2026 18:50:02 regard to the same set of trustees appointed to two family trusts i.e. T. Choithram Foundation [“TCF”] and Choithram Chairtable Trust [“CCT”] that were created by a common settler. 3. It is stated that the subject matter in both the suits is exactly same. Not only both the trusts were created by a common settler but they are managed by an identical Board of Trustees. 4. The challenge in both the suits is that defendant nos.2 to 6, who are common in both the suits have b