REKHABEN H SHETH Vs. CHARU K MEHTA

JUDGEMENT

(1.) These Special Leave Petitions arise out of an order dated 11th September, 2009 passed by a learned Single Judge of the Bombay High Court in Contempt Petition No. 123/09 arising out of an order passed on 9th September, 2008, in Writ Petition No. 5732/08.

(2.) The Respondent No. 1, Charu K. Mehta, is a permanent Trustee of the Lilavati Kirtilal Mehta Medical Trust. She had filed an application under Section 41D of the Bombay Public Trusts Act, 1950 against the Petitioner herein and the Respondent Nos. 2 - Vijay K. Mehta, Respondent No. 3 - Dr. Amritlal C. Shah, Respondent No. 4 - Niket V. Mehta, and Respondent No. 5 - Sushila V. Mehta in SLP(C) No. 35164/09, for their removal from Trusteeship of the aforesaid Trust on the ground of malfeasance, misfeasance, misappropriation of Trust funds, breach of Trust, etc. An interim application was also filed for the removal/ suspension/dismissal of the colluding Trustees. Charges were framed against the Petitioner and the aforesaid Respondents by the Joint Charity Commissioner, Mumbai, on 3rd June, 2008, and the Trustees were restrained from taking any policy decision and from entering into any financial transaction with regard to the Trust.

(3.) The aforesaid Respondents Nos. 2 and 3 in SLP(C) No. 35164/09 challenged the said order of the Joint Charity Commissioner in Writ Petition Nos. 3849 and 3850 of 2008. By common orders passed in those writ petitions on 11th July, 2008 and 15th July, 2008, the orders impugned in the writ petitions were set aside and the Joint Charity Commissioner was directed to pass fresh orders in accordance with law. Thereafter, the Joint Charity Commissioner passed an ad-interim order on 9th September, 2008, restraining the Petitioner and the Respondent Nos. 2, 3, 4 and 5 herein from taking any policy decision and entering into financial transactions, without the prior approval of the Joint Administrators appointed by this Court. Aggrieved by the said ad- interim order, the Respondent Nos. 2 and 3 herein filed Writ Petition No. 5732/08, wherein the High Court modified the aforesaid order passed by the Joint Charity Commissioner on 9th September, 2008. The operative part of the order of the Joint Charity Commissioner was modified to the extent that the prior approval was to be taken not from the Administrators but from the Joint Charity Commissioner.