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2008 Supreme(Bom) 982

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


Advocates Appeared
1. Mr. D.D. MADON, Senior Advocate with Mr. SANJAY JAIN, KUNAL VAJANI & ABHINA V MALHOTRA, i/by M/s. Wadia Gandhy & Co., for the Petitioner in W.P. No.3849 of 2008 & for Respondent Nos.13 and 16 in W.P. No.3850 of 2008.
2. Mr. SHRIHARI ANEY, Senior Advocate with Mr. PRATEEK SAKSARIA, Mr. MANISH DESAI, Mr. JAYEN TRIVEDI, Mr. DHIRENDRA SINHA & Mr. THOMAS T. KARIMAPANAL, i/by Paras Kuhad & Associates for the Petitioners in Writ Petition No.3850 of 2008.
3. Mr. ASPI CHINOY, Senior Advocate with Mr. T. N. TRIPATHI, i/by M/s. Tripathi & Associates for Respondent No.4 in W.P. No.3849/08 & for Respondent No.1 in W.P. 3850/08.
4. Ms. RAINI IYER, Senior Advocate with Mr. NOORUDDIN DHILLA & Mr. SHANE SAPECO, i/by M/s. Hariani & Co., for Respondent No.6 in W.P. No.3849108 & for Respondent No. 10 in W.P. No.3850108.
5. Mr. MAHESH JETHMALANI with Mr. SHANE SAPECO, i/by M/s. Hariani & Co., for Respondent No.5 in W.P. No.3849/08 & for Respondent No.9 in W.P. No.3850108.
Mr. S. U. KAMDAR with S. C. NAIDU, SIDDHANT INGALE and SAURAB KULKARNI, i/by. C. R. Naidu & Co .. for Respondent Nos.17 & 18 in W.P.3850/08.
6. Mr. J. P. SEN with Mr. PRANA V BADHEKA, i/by M/s. Hariani & Co. for Respondent No.7 in W.P. No.3849/08 & for Respondent No.11 in W.P. No.11 in W.P. No.3850/08.
7. Mr. SUBHASH JHA with Ms. RENU SINGH & Ms. RAJASHRI RANE, i/by DINESH TIWARI for Respondent No.15 in W.P. No.3849/08 & for Respondent No.3 in W.P. No.3850/08.
8. Mr. SAMEER PATIL, AGP for Respondent Nos. l and 2 in W.P. No.3850 of 2008.

JUDGMENT:-

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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