J.P.DEVADHAR
Vijay K. Mehta – Appellant
Versus
Charu K. Mehta – Respondent
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
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