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CASE NO.:

Appeal (civil) 5350-5351 of 2002

PETITIONER:

Rajesh Kumar Aggarwal & Ors.

RESPONDENT:

K.K. Modi & Ors.

DATE OF JUDGMENT: 22/03/2006

BENCH:

H.K. Sema & Dr. AR. Lakshmanan

JUDGMENT:

J U D G M E N T

Dr. AR. Lakshmanan, J.

The above appeals were filed against the final order dated 27.08.2001 passed

by the High Court of Delhi in FAO (OS) No.35/2000 and C.M. No. 387/2001 whereby

the High Court of Delhi allowed the appeal of the respondents.

The short facts of the case are as follows:

By a Deed of Trust dated 01.05.1979, a Trust in the name and style of Modipon

Limited Senior Executives (Officers) Welfare Trust was formed. The said Trust was

formed for the general benefit of employees employed in the Fibre Division only of

Modipon Limited and the purpose was to provide benefits to such employees and

dependent members of their families particularly for the purposes of giving them

education, medical relief, facilities for sports, cultural and other activities on sound,

permanent and organized basis.

The appel