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2008 Supreme(Bom) 1286

A.M.KHANWILKAR
Chetan Mehta – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr.Janak Dwarkadas, Sr. Counsel with Mr.Vaibhav Joglekar, Mr.Prateek Seksaria, Mr.Dhirendra Sinha, Mr.Thomas T.K, Mr.Jay Kansara and Mr.Ashwin Sakolkar i/b Paras Kuhad & Associates Advocates for
the petitioner.
Mr.S.K. Chinchalikar AGP for respondent nos.1 to 3. Mr.Akhil Sibal i/b Rupes Bobade for respondent nos.4 and 5.

JUDGMENT:

1. This writ petition filed under Article 226 and 227 of the Constitution of India takes exception to the judgement and order passed by Joint Charity Commissioner (hereinafter referred to as "JCC") dated 29th March 2007 in Application below Exhibit-17 in Application no.5 of 2008.

2. The said application (Application no.5 of 2008) is filed by the respondent no.5 Mrs.Charuben Mehta u/s. 41D of the Bombay Public Trust Act 1950 for suspension/removal/dismissal of another trustee, Shri Prabodh Mehta (respondent no.6). The said Prabodh Mehta incidentally happens to be the father of the present petitioner. The sole basis on which that application proceeds is that the said Prabodh Mehta has been convicted in the Tribunal Court of First Instance of Juridical District of Antwerp (Belgium) vide Judgement No.5686 dated 6.12.2007 and was sentenced to imprisonment of six months for having committed offences of fraud, forgery etc. involving moral turpitude and is thus, disqualified from acting as trustee of Lilavati Medical Trust (hereinafter referred to as "the said trust").

3. During the pendency of the said application, the petitioner herein filed subject application (Exhibit-17) for














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