Rajesh Mehta moves HC against Lilavati trusteeship termination

Senior advocate Venkatesh Dhond and advocate Joel Carlos for applicant Rajesh Mehta argued that he is a permanent trustee and therefore abrupt decision of February 16 was “not only contrary to law since it defies principles of natural justice (as he was not heard prior to the decision) as also it is contrary to terms of the Trust Deed.”
Dhond argued that no notice was issued to the applicant before proceeding with alleged “twin resolutions” and mandate to circulate the decision to all trustees was not followed in present case.

He added the power to remove or sustain permanent trustee ultimately lies with the Charity Commissioner.

“In that view of the matter, an arguable case has been made out by senior advocate Dhond for issuance of notice to Defendants as also to pass urgent ad-interim relief in order to ensure that substantive right of the Plaintiff is not trampled with irreversibly,” Justice Jadhav observed
The HC issued notice to the defendant trustees, seeking cognisance of order and also asked them to file affidavit in reply to the plea.

The Judge also asked the defendants to remain present in the court and apprise the court of any action based on twin resolutions that they would take so that the cout can pass appropriate orders after hearing both the sides.
Posting further hearing to February 25, the judge noted, “In the meanwhile, any further steps taken by Defendants in furtherance of the twin Resolutions shall be subject to the orders passed in the Interim Application by this Court which shall be noted by Defendants.”