(1.) Leave granted.
(2.) Interpretation of Section 34 of the Indian Trusts Act, 1882 (for short, 'the Act') is involved in this appeal which arises out of a judgment and order dated 06.02.2006 passed by a Division Bench of the Calcutta High Court in APOT No. 584 of 2005, affirming a judgment and order of a learned Single Judge of the said Court.
(3.) M/s Dunlop India Ltd. (for short, 'the Company') is an existing company within the meaning of Section 3(1)(ii) of the Companies Act, 1956. The Company floated a Fund known as 'Dunlop Executive Staff Pension Fund' for providing pension and annuities to the members of the executive management staff of the Company. Clause (3) of the said deed reads as under :