JUDGMENT - Dr. SARAF B.P., 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, 1882 and 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 defendants 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's trust.

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

(c) The defendants 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 di

Click Here to Read the rest of this document