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1994 Supreme(Bom) 200

B.P.SARAF
Khetan Industries Pvt. Ltd. . and others – Appellant
Versus
Manju Ravindrapasad Khetan – Respondent


JUDGMENT - Dr. B.P. SARAF, J.:--Two questions of law arise for consideration in this revision application viz., (1) which is the principal Civil Court for Bombay for the purpose of proceedings for removal of the trustees under Chapter 7 of the Indian Trusts Act, 1982 and (2) whether a civil suit lies for removal of directors of a private limited company incorporated under the Companies Act, 1956.

2. A suit was filed by the respondents against the petitioners (original defendants) in the City Civil Court, at Bombay claiming following reliefs :

"(a) This Hon'ble Court will be pleased to remove the defendant Nos. 3 to 5 from the trusteeship of the defendant No. 2 and be pleased to appoint some other fit and proper person as trustee of the 2nd defendant trust.

(b)This Hon'ble Court will be pleased to remove the defendant Nos. 3, 6 and 7 from the post of Directors and be further pleased to appoint some other fit and proper person as Directors of the defendant No. 1 company.

(c) The defendant Nos. 3 to 5 be restrained by a permanent as also interim and ad interim order and injunction of this Hon'ble Court from acting as trustees of defendant No. 2 trust as also from dealing with or disposin

































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