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2008 Supreme(Bom) 651

ANOOP V.MOHTA, S.RADHAKRISHNAN
Khojeste Mistree – Appellant
Versus
Bombay Parsi Punchayet – Respondent


Advocates appeared
Dr. V.V. Tulzapurkar, Senior Advocate with S. Jagthiani and Ms. Patwardhan i/b.M/s. Solemn & Co. for the Appellants.
Mr. I.M. Chagla, Senior Advocate with D.J. Khambatta, Senior Advocate with Mr. Shyam Mehta with Mr. S.V. Doijode with Mr. P.A. Kabadi and Ms. Falguni Thakkar i/b. M/s.Doijode & Associate for Respondent Nos.1 to 7.
Mr. P.G. Lad, A.G.P. for State-Respondent No.8.

JUDGMENT

DR. S. RADHAKRISHNAN, J.-

1. By this Appeal, the Appellants are challenging the order dated 8th February,2007 passed by the learned Single Judge which was passed with regard to an Originating Summons seeking opinion/answers on the following questions which were answered as indicated against each question:

i) Whether under the provisions NO of the Scheme including Clause 61 read with Clause 49(g) of the Scheme for the election of Trustees of the Funds and Immovable Properties of the Parsee Punchayat of Bombay (Exhibit "B" hereto), Defendant Nos.3,4 and 5 have vacated their office as Trustees of the 1st Defendant Trust on submission of their resignation contained in the Letter of Resignation dated 19th June,2006 (Exhibit"C" hereto).

ii) Whether under the provisions NO of the Scheme including Clause 61 read with Clause 49(g) of the Scheme for the election of Trustees of the Funds and Immovable Properties of the Parsee Panchayat of Bombay (Exhibit"B" hereto), Defendant No.2 has vacated his office as Trustee of the 1st Defendant Trust on submission of his resignation contained in the Letter of Resignation dated 20th June,2006 (Exhibit"D" hereto.)

iii) Whether after submitting resig
































































































































































































































































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