1. This is an Originating Summons filed under Rule 238 of the Bombay High Court (Original Side) Rules (hereinafter referred to as “the Rules”).

2. The plaintiff and defendant Nos.2 and 3 are the permanent trustees of the first defendant trust which was established under an indenture of trust dated 5th July, 1978 and which is registered under the Bombay Public Trusts Act, 1950 (BPT Act). Defendant Nos.4 to 11 are described by the plaintiff as purported trustees. Defendant Nos.12, 13 and 14 are also permanent trustees. Defendant Nos.15 and 16 are described as term trustees. Defendant Nos.1, 3 and 5 to 11 are the contesting defendants. The remaining defendants support the plaintiff.

3(A). On 12th December, 2011, a preliminary objection as to jurisdiction under section 80 of the BPT Act was raised. During the course of the arguments on the preliminary issue, Mr. Chagla also raised another preliminary objection under section 51 of the BPT Act. I answered the preliminary issues in the negative and directed the parties to address me on the merits stating that I would give my reasons for the decision on the preliminary issues while dealing with the merits. While replying to the