LILAVATI KIRTILAL MEHTA MEDICAL TRUST Vs. NIKET MEHTA

JUDGEMENT

(1.) Heard Mr. Damle, learned Senior Advocate for Plaintiffs and Mr. Sawant, learned Senior Advocate for Defendant.

(2.) This Application is filed by Defendant for rejection of the Suit plaint under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 (for short 'CPC')on the ground that suit is barred under Sec. 80 of the Maharashtra Public Trusts Act, 1950 (for short 'MPT Act') for Plaintiffs having failed to comply with the statutory and mandatory provisions of Sec. 50 and 51 thereof before institution of the Suit proceedings. Parties are referred to as Plaintiffs and Defendant for convenience.

(3.) Briefly stated, Plaintiff No.1 is a Public Trust amenable to the provisions of the MPT Act. Plaintiff Nos.2, 3 and 4 are the present Trustees of Plaintiff No.1 - Trust. Suit is filed on 19/12/2024 for recovery of Rs.17,20,88,896.00 from Defendant who according to Plaintiffs' own case as pleaded in the Suit plaint was a permanent Trustee of Plaintiff No.1 - Trust from the year 2001 till 14/12/2023. The recovery of the above amount in the Suit proceedings is sought towards compensation for use by Defendant one Flat No.7 admeasuring 2849.66 sq. ft. on the 12th floor of Plaintiff No.1- Trust's hospital building as his residence from January 2007 to April 2015 and for use of office admeasuring 360 sq. ft. on the 3rd floor, A - Wing of Plaintiff No.1 - Trust's hospital building from January 2007 to January 2009 (for short "the suit properties"). Suit seeks recovery of proceeds due to the Trust for me of the aforementioned twin properties which are admittedly Trust properties.