Madhya Pradesh High Court
Deepak Kasliwal vs Seth Trilokchand Kalyanmalji Digambar ... on 6 November, 2017
1 M.P.No.403/2017 (Deepak Kasliwal Vs. Seth Trilokchand Kalyanmalji Digambar Jain Parmarthk Sansthayen (Trust) and others) Indore, Dated:06/11/2017 Petitioner, Deepak Kasliwal is present in person. This writ petition under Article 227 of the Constitution of India is preferred against the order passed by the trial Court dated 05/07/2017 (Annexure P/12) passed in MJC No.12/2016, according permission for appointment of one Dilip Kasliwal, one of the trustees as President due to sad demise of the earlier President, Ashok Kasliwal, in view of the fact that earlier also in MJC No.17/2016 vide order dated 10/01/2017, the substitution has been made, on the strength of order dated 04/12/2015 passed by the Registrar, Public Trust according permission to appoint Dilip Kasliwal as president in place of Ashok Kasliwal. Accordingly, the application has been allowed.
2. Another application filed by the present petitioner under Order I rule 10 CPC has been ordered to be posted for consideration by the Court below.
3. Petitioner taking exception to the order impugned contends that the Registrar, Public Trust has not held any enquiry before ordering for substitution of Dilip Kasliwal in place of Ashok Kasliwal as President of the Trust in question.
4. Admittedly, earlier in MJC No.17/2016, the name of same person has been ordered to be substituted as president of the trust in question. It appears that the said order is in existence and that order has not been sofar set aside. That apart, the applicant/petitioner himself has no locus as on date to question the substitution of the name of Dilip Kasliwal in place of Ashok 2 M.P.No.403/2017 (Deepak Kasliwal Vs. Seth Trilokchand Kalyanmalji Digambar Jain Parmarthk Sansthayen (Trust) and others) Kasliwal as President of the Trust in question.
5. The application filed by the petitioner under section 151 CPC itself reflects that the trustees present in the meeting completed the quorum, have approved the name of Dilip Kasliwal to be substituted as President of the Trust in place of Ashok Kasliwal.
6. In the opinion of this Court, as majority of the trustees present in the meeting have approved the name of Dilip Kasliwal in place of Ashok Kasliwal as President of the Trust, the trial Court has not committed any illegality while accepting the same and ordering for substitution, accordingly. The principle laid down by a learned Single of this Court in the case of Mahant Charandas Vs. Registrar, Public Trust, 1990 (I) MPWN SN 226 relied upon by the petitioner is beyond any doubt but the same is not of any assistance to the petitioner being distinguishable on facts. Hence, at this stage, no interference is warranted under Article 227 of the Constitution of India. Writ petition sans merit and is hereby dismissed. However, it needs no mention that in the event the application filed by the applicant/petitioner under Order I rule 10 CPC is allowed and in law if he may; question the constitution of the trust, he shall be free to take recourse to law before the appropriate forum.
7. It is made clear that this Court has not expressed any opinion on merits of the case.
(Rohit Arya)
b/- Judge
MVR Digitally signed by M V R BALAJI SARMA
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH INDORE, postalCode=452001,
st=Madhya Pradesh,
BALAJI
2.5.4.20=dfd648b7a72175dda734ea3f09 b637e5485763880c50c1966cbd24d7e7c dfee0, 2.5.4.45=032100257F82CA97352F5A6F6E SARMA 270FAFC6A036F71F4CF934D7DC3C1F18 C329440EAAEB, cn=M V R BALAJI SARMA Date: 2017.11.08 11:36:26 +05'30'