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2008 Supreme(Bom) 1752

D.Y.CHANDRACHUD
Lilavati Kirtilal Mehta Medical Trust – Appellant
Versus
Charu K. Mehta – Respondent


Advocates:
Advocate Appeared
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.

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 b











































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