Delhi High Court
Shiv Kumar Jatia & Anr. vs Satyam Kanoi & Ors. on 15 September, 2023
Bench: Suresh Kumar Kait, Neena Bansal Krishna
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 15th September, 2023
+ FAO(OS) 126/2022
&
CM APPLs. 48602/2022, 48604/2022, 32100/2023
SHIV KUMAR JATIA & ANR. ..... Appellants
Through: Mr. Saurabh Kirpal, Sr. Advocate
with Mr. Sidhant Kumar, Ms. Manyaa
Chandhok, Ms. Ishita Deswal, Ms.
Satakshi Singh & Mr. Nikhil Arora,
Advocates for A-1.
Mr. Santosh Paul, Advocate with
applicant/Prakhar Srivastava.
Ms. Manali Singhal, Ms. Shreya
Singhal, Mr. Santosh Sachin, Ms.
Aanchal Kapoor & Mr. Deepak Singh
Rawai, Advocates for A-2.
versus
SATYAM KANOI & ORS. ..... Respondents
Through: Mr. Kirti Uppal & Mr. Arun
Bhardwaj, Sr. Advocates with Mr.
Mrinal Bharti, Mr. Zulfiquar Meman,
Mr. Parvez Meman, Mr. Swapnil
Srivastava, Ms. Sanjana Srivastava,
Mr. Jayesh Srivastava, Mr. Kartik
Nayar & Mr. Rishab Kumar,
Advocates for R-1 & 2.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T (oral)
1. This Court has interacted with the parties and it is agreed that to come Signature Not Verified DigitallySigned By:SAHIL SHARMA FAO(OS) 126/2022 Page 1 of 3 Signing Date:20.09.2023 18:44:31 out of the deadlock inter se the parties, for administration of the Public Trust, let an independent Administrator be appointed.
2. Accordingly, we hereby appoint Mr. Justice V. Rama Subramanian, former Judge, Supreme Court, Mobile No.9818000130 as an Administrator to manage the day to day affairs of the Public Trust.
3. The fee of the Administrator shall be Rs. 10,00,000/- per month which is to be borne from the funds of the Trust. The Trustees shall forthwith hand over all the documents of moveable and immoveable properties, including the Lease Deeds, Bank accounts, Cheque book etc. and all the records to the Administrator.
4. For better administration, if anything is required to run the school, the Administrator shall supervise and control the movable & immovable properties, bank account, fixed deposit etc. belonging to the Trust. However, he shall not have any power or authority to alienate or sell any of the properties on behalf of the Trust. The learned Administrator shall be at liberty to seek any further documents or information from the Trustees who shall extend full co-operation to him. They shall not create any obstacle in the functioning of the Trust by the Administrator.
5. The Administrator shall, from time to time also pay all State taxes, Income Tax and other statutory dues in respect to the Trust in accordance with law.
6. The Administrator may also appoint officer(s) of his choice for secretarial services to oversee the functions of the Trust, whose remuneration shall be paid from the Funds of the Trust.
7. If any of the Trustees fail to comply with the terms herein, its non- compliance shall result in prosecution under the Contempt of Courts Act, Signature Not Verified DigitallySigned By:SAHIL SHARMA FAO(OS) 126/2022 Page 2 of 3 Signing Date:20.09.2023 18:44:31 1971.
8. The Administrator shall also endeavour to bring the parties to a common ground to resolve their differences. The appointment of the Administrator shall continue until the differences between the parties are resolved and the Trustees agree to function effectively as the Board of Trustees of the Trust.
9. The present Appeal is accordingly disposed of.
(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA) JUDGE SEPTEMBER 15, 2023 ab Signature Not Verified DigitallySigned By:SAHIL SHARMA FAO(OS) 126/2022 Page 3 of 3 Signing Date:20.09.2023 18:44:31