Advocates:
['M/S WADIA GHANDY AND CO', 'T N TRIPATHI', 'CO', '', 'WADIA GHANDY & CO', 'amp', 'SHRI RAJESH BEHERE']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

CIVIL APPLICATION NO.4905 OF 2008

IN

FIRST APPEAL NO.2667 OF 2007

Lilavati Kirtilal Mehta Medical Trust and another

..Applicants.

Vs.

Charu K. Mehta and others

..Respondents.

....

Mr. Iqbal Chagla, Senior Advocate with Mr. Snehal Shah, Mr. Sanjay

Jain, Mr. Kunal Vajani, Mr. Atul Daga and Mr. Rohan Deshmukh i/b

M/s. Wadia Ghandy & Co. for the Applicantas.

Mr. Navroz Seervai, Senior Advocate with Mr. Raj Patel and Mr. T.N.

Tripathi i/b T.N. Tripathi & Co. for Respondent No.1.

Mr. R. A. Dada, Senior Advocate with Mr. Prateek Sakseria with Ms.

Jyoti Shah i/b M/s. Dhru Shah & Co. for Respondent No.2.

Mr. Pranav Badhekar with Ms. Aziza Khatri and Mr. Shane Sapeco i/b

Hariani & Co. for Respondent Nos.10 and 12.

Mr. Janak Dwarkadas, Senior Advocate Mr. Prateek Sakseria, Mr.

Manish Desai with Mr. Dhirendra Sinha i/b M/s. Paras Kuhad &

Associates for Respondents 13 and 15.

Mr. Rajesh Behere for the Joint Administrator.

....

CORAM:  DR. D.Y. CHANDRACHUD, J.

17^th December, 2008.

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ORAL JUDGMENT :

1.

The Civil Application has been taken out in the pending

First Appeal by the First and Tenth Defendants. The reliefs that have

been sought are (i) the discontinuance of the joint administrators; or in

the alternative (ii) the discharge of Mr. A.A. Halbe, who is one of the

Joint Administrators; and (iii) the appointment of any one among four

named individuals as a Joint Administrator in place of Mr. A.A. Halbe.

2.

On 26th March, 2007 the Supreme Court appointed Dr.

Narendra Trivedi, Vice President of the Lilawati Hospital and Dr. K

Ramamurthy, a senior consultant to be in charge of the Hospital for

the day to day running of the Hospital and the Research Institute. The

order of the Supreme Court was pending the disposal of a suit

instituted by the Plaintiff before the City Civil Court inter alia to

challenge her removal from the Board of Trustees. The order of the

Supreme Court records that the disputes between the parties were

liable to impede the running of the Hospital which was under the

management of the Trust. The Supreme Court observed thus :

“After hearing the arguments on both sides, we find that

there are serious disputes between the parties which

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ultimately may cause serious difficulties in the running of

the hospital, which is under the management of the Trust.

In view of the present circumstances, as a temporary

measure, we direct that Dr. Narendra Trivedi, Vice-

President of the Leelavati Hospital and Dr. K. Ramamurthy,

Senior Consultant in that hospital, shall be in-charge of the

hospital of the day to day running of the Hospital and

Research Institute. There two Administrators will take all

decisions relating to the administration of the hospital.

They shall give a report to the Board of Trustees every two

weeks and any directions by the Board of Trustees are to

be issued to these two Administrators only in the form of

resolutions and not individual instructions by any Trustee. A

copy of the report of resolution shall also be furnished to the

appellant and if she is in any way aggrieved by the

directions issued by the Board, she would be at liberty to

seek appropriate direction from the City Civil Court, Mumbai

where the suit is pending.”

The two Administrators were appointed to look after the day to day

running of the Hospital and the Research Institute. The

Administrators were to furnish a report to the Board of Trustees.

Directions by the Board of Trustees were to be issued to the two

Administrators in the form of resolutions. A copy of each resolution

was to be furnished to the Plaintiff and liberty was reserved to her,

should she be aggrieved, to seek appropriate directions from the City

Civil Court. There can be no manner of doubt from the order of 26th

March, 2007 that the appointment of Administrators was for the

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purpose of lo