Gujarat High Court
Chandubhai Kuberdas Modi & 2 vs Dilipbhai Shivlal Patel & 8 on 28 April, 2014
Author: A.J.Desai
Bench: A.J.Desai
C/SCA/290/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 290 of 2014
With
SPECIAL CIVIL APPLICATION NO. 2695 of 2014
With
CIVIL APPLICATION NO. 4113 of 2014
In
SPECIAL CIVIL APPLICATION NO. 290 of 2014
With
CIVIL APPLICATION NO. 4668 of 2014
In
SPECIAL CIVIL APPLICATION NO. 290 of 2014
Special Civil Application No.290 of 2014
CHANDUBHAI KUBERDAS MODI & 2....Petitioner(s)
Versus
DILIPBHAI SHIVLAL PATEL & 8....Respondent(s)
Special Civil Application No. 2695 of 2014
NEMANI SURESHCHANDRA PURSHOTTAMBHAI & 2....Petitioner(s)
Versus
CHANDUBHAI KUBERDAS MODI & 10....Respondent(s)
================================================================
Appearance in Spl. C.A. No. 290 of 2014:
MR DHAVAL D VYAS, ADVOCATE for the Petitioners MR SP MAJMUDAR, ADVOCATE for the Respondents No. 7 - 8 MS MEGHA JANI, ADVOCATE for the Respondents No. 1 - 6 MS SHRUTI S PATHAK, ADVOCATE for the Respondents No. 9 Appearance in Spl. C.A. No. 2695 of 2014:
MR TARAK DAMANI, ADVOCATE for the Petitioners MR DHAVAL D VYAS, ADVOCATE for Respondents No. 1 - 3 MR SP MAJMUDAR, ADVOCATE for the Respondent(s) No. 4 & 5 MS MEGHA JANI, ADVOCATE for the Respondents No. 6 -11 MS SHRUTI S PATHAK, ADVOCATE for the Respondent No. 12 ================================================================ CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 28/04/2014 Page 1 of 5 C/SCA/290/2014 ORDER ORALCOMMON ORDER 1 I have heard learned Advocates appearing for the respective parties at length and with the consent of the learned Advocates Mr. Dhaval D. Vays, Ms. Mega Jani and Mr. Satyam Thakkar for the respective parties, the following order is passed.
i) A Committee shall be constituted consisting of the following nine members, viz.
1 Kalpanaben S. Patel 2 Dilip S. Patel 3 Hridaynath S. Patel 4 Naishir R. Bhandar 5 Shivji M. Patil 6 Bhupendra Amin 7 Bharat Amin 8 Mahesh Mehta 9 A member who shall be appointed by the Joint Charity Commissioner, Surat, who is well versed with the law.
ii) The Joint Charity Commissioner, Surat, to finalize the list of members of the Trust within eight weeks from the date of receipt of the Order. It will be open for the concerned parties to give written representations to the Joint Charity Commissioner.
iii) The Member who is appointed by the Joint Charity Commissioner shall convene a AGM of such members whose names appear on the final list within two weeks thereafter and the AGM be held in the presence of the representatives of the Joint Charity Commissioner. The AGM to take all decisions including that of holding of elections and/or ratifying the meetings held on 27.10.2013 or not.
Page 2 of 5 C/SCA/290/2014 ORDERiv) An ad hoc committee shall be constituted to perform the following tasks :
(a) to do the daytoday management and
administration of the Trust;
(b) to manage the current fund of the Trust; and
(c) to operate the bank account related to the current
fund jointly by two members of the Committee consisting of one trustee and one nontrustee member.
v) Resolutions of the Committee can be passed by simple majority.
vi) Presence of seven members shall be must for a quorum, and
vii) The Order dated 13.12.2013 of the Joint Charity Commissioner stands modified to the aforesaid extent.
2 In view of the above, both the petitions, being Special Civil Application No.290 of 2014 and Special Civil Application No.2695 of 2014, are disposed of accordingly. Notice in both the petitions shall stand discharged.
3 So far as Civil Application No. 4113 of 2014 is concerned, Mr. S.P. Majmudar, learned Advocate, appearing for the applicants, states that he does not press Civil Application No.4113 of 2014, qua, applicants No. 1 and 2 since they are the respondents No.7 and 8 in Special Civil Application No.290 of 2014. He further states that the remaining applicant is also a trustee and states that out of these three members, any two members shall be made members of the Committee. However, the said statement is opposed by learned Advocates appearing for the respective parties.
4 Mr. Majmudar, learned Advocate, would further submit that Page 3 of 5 C/SCA/290/2014 ORDER so far as the applicant No.3 is concerned, he has become a Trustee of the Trust pursuant to the nomination of donors. The same has been denied by the respondent No.1, by placing a communication dated 9.10.2013 by which the donors have stated that they have appointed another person as a Trustee, by filing an affidavit in civil application. Mr. Majmudar, learned Advocate, would submit that the applicant No.1 is already a trustee.
5 Mr. Dhaval Vyas, learned Advocate, for the petitioners would submit that none of the applicants in Civil Application Non 4113 of 2013, out of which two are respondents in the respective writ petitions, have never participated in the proceedings before the Charity Commissioner and therefore cannot be made members of the Committee. He would submit that when the notices were served to respondents No.7 and 8 (two applicants in Civil Application), they did not appear before the court, however, have come forward with such application with some ulterior motive.
6 Considering the above aspects, I am of the opinion that, it would be in the interest of all concerned, particularly in the interest of an educational institution, which is run by a Trust, the presence of the two persons, who had never participated in the proceedings before the Charity Commissioner, cannot be made members of the Committee. The appointment of third applicant as a trustee itself is under opposition. Therefore, the prayers made in this application to appoint them as Trustees to the Committee cannot be accepted and is hereby rejected. Accordingly, Civil Application No. 4113 of 2013 stands rejected.
7 In view of the Order passed in Special Civil Application No.290 of 2014, Civil Application No.4668 of 2014 does not survive and is disposed of as having become infructuous.
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