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Showing contexts for: charitable trust objects in Shernaz Faroukh Lawyer & Anr vs Manek Dara Sukhadwalla & Ors on 21 December, 2018Matching Fragments
4. The facts as they have transpired and which have prompted the administrator to make this application have been canvassed by the learned Senior Advocate appearing on behalf of the plaintiffs and by the Administrator. It was submitted on behalf of the plaintiffs that the administrator had made numerous attempts to compile all the facts relating to the affairs of the deceased and the suspected diversion of part of the estate by certain personal entities. It is submitted by Mr. Khambata that the plaintiffs have learnt that the funds of the 5* AdmReport_1of 2016.odt estate have been diverted inter alia to one Amoha Traders Pvt. Ltd. (Amoha) and one Bai Avabai Hormusji Tata Trust for Charitable Objects (the Trust).
7. Mr. Khambata therefore submitted that the estate could not have been made the donation to the trust. In this behalf, it is submitted that upon enquiry made as a result of numerous orders passed by the Court, the actual name of the trust was found to be "Bai Avabai Hormusji Tata Trust for Charitable 7* AdmReport_1of 2016.odt Objects" and not Avabai Hormasjee Tata Charity Trust. This is attributed to attempts by the defendant no.1 to create confusion in order to prevent names of trustees from being revealed. Mr.Khambata submitted that several documents in relation to the trust have not yet been provided and are unlikely to be provided unless this Court orders an investigation. The documents remaining to be disclosed by defendant no.1 are stated to include the following:
Submissions of Mr.Apte for the Trust
55. On behalf of Avabai Trust, Mr.Apte adopted that all the legal submissions made by Mr. Dani he invited my attention to the order dated 23 rd June, 2017 and submitted only prayers (e) and (g) survive and therefore no investigation as sought can be ordered. He submitted that the executor has made the donation. He invited my attention to affidavit dated 15 th July, 2017 and 4th June, 2018 51* AdmReport_1of 2016.odt filed on behalf of (Bai Avabai Hormusji Tata Trust for Charitable Objects).