The main legal point established in the judgment is that trustees appointed by the Trust can function as trustees during the pendency of the change report and that restraining trustees from functioning without hearing them violates the principles of natural justice.

These two writ petitions are titled by the trustees of Lilavati Kirtilal Mehta Medical Trust ('Trust' for short), which is duly registered under the Bombay Public Trusts Act. 1950 ('B.P.T.' Act for short). Since both the petitions challenge the decision of the Joint Charity Commissioner ('Jt. C.C.' for short) dated 3-6-2008, both the petitions are heard together finally at the stage of admission and disposed of by this common judgment.

2. The impugned order dated 3-6-2008 is an interim order passed by the Jt. C.C. in an application filed by a permanent trustee of the Trust under Section 41-D of the B.P.T. Act. The said application was filed seeking removal of nine trustees of the Trust inter alia on the ground that the said trustees during the period from 2001 to 2006 had siphoned off the Trust funds running into several crares of rupees and further they have committed act of malfeasance, misfeasance, breach of Trust, gross negligence etc. which are detrimental to the interest of the Trust. After considering the allegations made in the complaint as also the reply filed by the said trustees, the Jt. C.C. on being prima facie satisfied, framed charges against the said nine trustees and by the impugned interim order directed that pending final decision on the application, the trustees shall not take any policy decision and shall not enter into any financial transaction with regard to the Trust without the approval of the two Administrators, appomted by the Apex Court I this Court in an earlier proceedings for administering the day-to-day running of the Hospital & Research Institute.

3. Writ Petition Nn.3849 of 2008 is filed by two trustees against whom various charges are framed. These trustees challenge the interim order of Jt. C.C. dated 3-6-2008 mainly on the ground that the said order has been passed without giving reasonable opportunity of hearing to the petitioners. Writ Petition No.38S0 of 2008 is filed by three trustees, who are neither parties to the proceedings before the Jt. C.C. nor there are any allegations made against them. Their grievance is that in gross violation of the principles of natural justice, the Jt. C.C. has restrained them from functioning as trustees.

4. The Trust was brought into existence under a Trust Deed dated 5-7-1978 settled by Shri. Kartilal Manilal Mehta (now deceased). The Trust runs a super-speciality hospital known as 'Lilavati Hospital & Research Centre' at Bandra, Mumbai. It appears that the trustees while running a super-speciality hospital, have also acquired super-speciality in litigating amongst themselves as is evident from large number of cases filed in various Courts which are pending before the Apex Court, this Court, Bombay City Civil & Sessions Court and the Court of Additional Chief Metropolitan Magistrate, Mumbai. The inter-se dispute amongst the trustees is so bitter that the Apex Court in one of the proceedings considered it proper, in public interest, to appoint two Administrators to look after the day to day functioning of the Hospital run by the Trust. The bitter fight amongst the trustees of the Trust which commenced in the year 2005-2006 is apparently to gain control over the cash rich hospital. It may be noted that In the year 199798 the Trust income was of Rs.23.47 crores and expenditure was Rs.28.83 crores, whereas, in the year 2006-07 the Trust Income was Rs.I96.17 crores and expenditure was Rs.168.92 crores. It may also be noted that the Joint c.c. after framing the charges against the 9 trustee, declined to hand over the management of the Trust to Mrs. Charu Mehta - the applicant, because in the past she was also found to have indulged in activities which are detrimental to the interest of the Trust. It is unfortunate that these trustees, instead of establishing themselves to be worthy trustees of a Public Charitable Trust which was established by the Settlor with a noble cause, are bitterly fighting to gain control over the renowned super-speciality H