PRADEEP R MAFATLAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE present petition is filed by the trustees of a public charitable trust known as Pransukhlal Mafatlal Hindu Swimming Bath and boat Club Trust. By this petition the petitioners are seeking order from this court of sanctioning the proposed amendment of the existing scheme of the said trust. Some of the material facts of the present case can be briefly enumerated are as under :

(2.) THE Pransukhlal Mafatlal Hindu Swimming Bath and Boat Club Trust was constituted pursuant to a Declaration of Trust dated 18th August, 1939 made between Mafatlal Gagalbhai, Sunderdas Morarjee and Dwarkadas champsey therein called "the parties of the First Part" of the one part and mafatlal Gagalbhai and others therein called "the Trustees" of the other part. Under the terms and conditions of the said trust an institution called The pransukhlal Mafatlal Hindu Swimming Bath and Boat Club" has come into existence. The said trust is duly registered as a public charitable trust with the Charity Commissioner under the provisions of the Bombay Public trust Act, 1950.

(3.) A suit was filed in this Court by Vrandavan Purshottam and Damodar gordhandas being Suit No. 1440 of 1984 against Navinchandra Mafatlal and others who were the then trustees of the said trust. On 9. 11. 1944 this Court has framed a scheme for management and administration of the trust. Under the said scheme the management and administration of the trust was vested in the trustees and they were required to carry on the trust activities in accordance thereof.