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Showing contexts for: surviving trustee in Indian Medical Trust And Anr vs Commissioner Devsthan Depart & Ors on 1 August, 2017Matching Fragments
24. Learned counsel would further urge that after resignation of Shri Jayantilal Patel from the position of Vice Chairman and Settler Trustee along with his line of succession, as contemplated under Clause 8(e) of the Trust Deed; was not adhered to. Thus, the post of Vice Chairman and Settler Trustee stood rescinded leaving respondent- Dr. Balveer Singh Tomar, as the sole surviving Settler Trustee. Hence, in the face of contemplation under Clause 8(c) and 11(b), the discretion for appointment of fresh/additional trustees, lies with the answering respondent sole Settler Trustee, unanimously. Referring to Section 13(2) of the General Clause Act, 1897, learned counsel asserted that words in singular form shall include the plural and vice versa, meaning thereby that in the present scenario, respondent- Dr. Balveer Singh Tomar, become the sole Settler Trustee on the resignation of Shri Jayantilal Patel. Thus, the appointment of additional Trustees, was the discretion of the sole answering respondent- Dr. Balveer Singh Tomar, Chairman and Settler Trustee.