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3. On institution of writ application No.12078/2016 (Indian Medical Trust Vs. Dr. Balveer Singh Tomar), an interim order on further proceedings was made on 7th September, 2016, by this Court. An application under Section 226(3) was filed by respondent-Dr. Balveer Singh Tomar, on 9th January, 2017, seeking vacation of the interim order dated 7th September, 2016, made on the writ application (6 of 37) [ CW-3999/2017] No.12078/2016, instituted on 29th August, 2016. Further, respondent- Dr. Balveer Singh Tomar, lodged an FIR No.454/2016, against the petitioners, at Police Station Chandwaji, for offence under Section 420, 406, 467, 468, 471 and 120-B IPC. Respondent-Dr. Balveer Singh Tomar on 2nd January, 2017, held a meeting and inducted 6 Trustees (all Daughters & Sons-in-Law), while suspending the petitioners (Dr. Shobha Tomar & Dr. Anurag Tomar), for Anti Trust Activities till the final outcome of FIR No.454/2016. Amendments were made in Trust Deed by execution of Supplementary Trust Deed on 3rd January, 2017, and an application under Section 23 of the Act of 1959, was instituted before the Assistant Commissioner-I, Devasthan Department, Jaipur on 13 th January, 2017, with reference to meeting held on 2 nd January, 2017, whereupon case No. 06/2017, was registered. On 8 th February, 2017, in view of compromise arrived at between the parties, respondent-Dr. Balveer Singh Tomar, moved an application in case No. 01/2016, for withdrawal of the proceedings under Section 24 of the Act of 1959. Simultaneously, petitioner-Dr. Shobha Tomar, moved an application in case No. 06/2017, with reference to proceedings instituted under Section 23 of the Act of 1959; consenting to induction of six new Trustees before the Assistant Commissioner-I, Devsthan Department, Jaipur. On 9th February, 2017, the petitioners (Dr. Shobha Tomar and Dr. Anurag Tomar), withdrew the writ applications [SBCWP No. 12078/2016 and 12084/2016], wherein they assailed proceedings with reference to case No. 01/2016; which was fixed to 23 rd February, 2017, for affirmation of withdrawal of application by respondent-Dr. Balveer Singh Tomar. However, on 15th February, 2017, respondent-Dr. Balveer Singh Tomar, instituted fresh application under Section 24 of the Act of 1959, seeking further inquiry in the factum of resignation of Jayantilal Patel (7 of 37) [ CW-3999/2017] and Urmilaben Patel on 17 th March, 2012 (Case No. 01/2017). Hence, petitioner-Dr. Shobha Tomar, withdrew her consent as to induction of six new Trustees in Case No. 06/2017, on 22nd February, 2017. Respondent-Dr. Balveer Singh Tomar, also withdrew his application to withdraw Case No. 01/2016, on 22nd February, 2017. Be that as it may, counsel for the petitioners appearing before the Assistant Commissioner-I, Devsthan Department, Jaipur, agreed for final hearing in Case No. 01/2016, on 23rd February, 2017.

15. Learned Senior counsel asserted that the Trust Deed in its recital made it very clear and unambiguous that Shri Jayantilal Patel and Smt. Rajeshwari Devi (Mother of respondent-Dr. Balveer Singh Tomar), were initial settler trustees of the Trust, who had contributed the initial fund to the Trust. Clause 8(a) of the Trust Deed stipulated the settler trustees to be lifetime trustees. Clause 8(c) further contemplated that only the settler trustees were entrusted with the power to appoint fresh/new trustees or other trustees. Clause 8(d) further contemplated that on death or unwillingness of Smt. Rajeshwari Devi, the respondent-Dr. Balveer Singh Tomar, would become the settler trustee and Chairman of the Trust. Thus, respondent-Dr. Balveer Singh Tomar, became Settler Trustee and Chairman of the Trust on the death of Smt. (14 of 37) [ CW-3999/2017] Rajeshwari Devi (Settler Trustee and Chairman). These facts are fortified in view of the order dated 20 th August, 2002, made by Assistant Commissioner-I, Devsthan Department, Jaipur.

(17 of 37) [ CW-3999/2017]

22. According to the learned counsel, the application for withdrawal in case No. 01/2016, was instituted by respondent- Dr. Balveer Singh Tomar on 8th February, 2017, on a clear understanding that the petitioners would consent for the induction of six new trustees, which was moved by the petitioners in case No. 06/2017, on 8th February, 2017. For the petitioner-Dr. Shobha Tomar, later on withdrew her consent; the answering respondent- Dr. Balveer Singh Tomar, was left with no alternative but to withdraw his earlier application on 22 nd February, 2017. However, the order sheets drawn by the respondent No. 2, on 22 nd February, 2017, 7th March, 2017, 9th March, 2017 and 16th March, 2017, would make it apparent that petitioners are vigorously contesting the matter before the Assistant Commissioner, Devasthan Department, Jaipur. Order dated 23rd February, 2017, would further reflect that petitioners consented for final disposal of the matter pending before the Assistant Commissioner, Devasthan, Jaipur.

32. Admittedly, the Trust Deed in its recital reflects that Shri Jayantilal Patel and Smt. Rajeshwari Dei (mother of the respondent-Dr. Balveer Singh Tomar), were the initial Settler Trustees of the Trust, who contributed to the initial fund of the Trust. The Settler Trustees were lifetime Trustees as per Clause 6(a) of the Trust Deed. The Settler Trustees only were entrusted with the power to appoint fresh/new Trustees. The respondent - Dr. Balveer Singh Tomar, became Settler Trustee and Chairman of the Trust owing to the contemplation under Clause 8(d) of the Trust Deed, which specifically stipulated to the effect that on death or unwillingness of Smt. Rameshwari Devi; Dr. Balveer Singh Tomar was to be conferred with the status of Chairman and Settler Trustee, as stipulated therein. These facts are also substantiated from the order dated 20th August, 2002, made by the Assistant Commissioner, Devasthan Department, Jaipur.