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2010 Supreme(Del) 530

S.RAVINDRA BHAT
SHISHIR BAJAJ – Appellant
Versus
INDIA YOUTH CENTRES TRUST – Respondent


Advocates Appeared:
Mr. Sudhir Chandra Aggarwal, Sr. Advocate with Sh. P.K. Mittal, Sh. Uday Kumar, Sh. Naveen Chawla and Ms. Roma Ahuja, Advocates.
Sh. Sanjay Jain, Sr. Advocate with Sh. Digvijay Rai, Advocate, for Defendant Nos. 1 and 2. Sh. V.P. Chaudhry, Defendant No.3 in person. Sh. G. Tushar Rao, Advocate, for Defendant Nos. 4, 5 and 6.

JUDEMENT

S.Ravindra Bhat, J. -- The plaintiffs seek declaration challenging the appointments of the fourth, fifth and sixth defendants as the trustees of the first defendant (hereafter referred to as "the trust"); directing their consequential removal from the Board of Trustees; further, declaration that the resolutions in the meetings held on 19.09.2009 are illegal and void and injunction against the defendants from holding or participating in any meetings of the Board of Trustees in relation to the trust.

2. The facts to the extent they are relevant and undisputed are that the Trust was originally incorporated as "WAY India Youth Centres Trust" through a Deed dated 10.08.1961 -its founder trust included Shri Morarji Desai, Smt. Indira Gandhi, Shri Naval Tata and Shri R.K. Bajaj etc. On 05.06.1973, through a supplementary deed, Trust’s name was changed to "Indian Youth Centres Trust"; the other terms of the Trust remained unchanged. The second and third defendants and the three plaintiffs are trustees. The manner of appointments as well as the appointment of 4th, 5th and 6th Trustees is challenged in the suit.

3. The plaintiffs rely upon some material terms of the Trust Deed, whic



































































































































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