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15) In the third place, learned senior counsel submitted that apart from what is urged above, since the creation, affairs of the Trust, rights, obligations, removal, duties and legal remedies to seek redressal of grievances by the Settlor, Trustees and beneficiaries are governed by the Indian Trust Act, 1882 (hereinafter referred to as “the Trust Act”), which is a complete code in itself to deal with the aforementioned matters, the provisions of the Arbitration Act for deciding any dispute relating to affairs of the Trust including dispute inter se the stakeholders mentioned above are not applicable and the remedy of the stakeholders would be to take recourse to the provisions of the Trust Act for ventilating their grievances in an appropriate forum specified in the Trust Act.

32) Though case of Vijay Kumar Sharma dealt with a case relating to execution of a "Will" whereas the case at hand deals with execution of the "Trust Deed” yet, in our considered view, it does not make any significant difference so far as the applicability of the principle of law laid down in Vijay Kumar Sharma to the facts of the case at hand is concerned.

33) The reasons are not far to seek. In the case of a Will, the testator executes the Will in favour of legatee(s) whereas in the case of a Trust, the settlor executes the deed in favour of the beneficiaries. In both the cases, it is the testator/settlor who signs the document alone. That apart, both the deeds convey the interest in the estate in favour of the legatees or/and beneficiaries. However, since legatee/beneficiaries do not sign the document or we may say are not required to sign such document, they are not regarded as party to such deed despite legatee/beneficiaries/trustees accepting the deed. Such deed, therefore, in our opinion, does not partake the nature of an agreement between such parties.

54) So far as legal remedies available to the author of the Trust/settlor, Trustees and the beneficiaries for ventilating their several grievances in respect of their rights duties, removal and obligations under the Trust Deed and the Trust Act are concerned, they are specifically provided in Sections 7, 11, 34, 36, 41, 45, 46, 49, 53, 71, 72, 73 and 74 of the Trust Act. These sections, in specific terms, confer jurisdiction on Civil Court and provides that an aggrieved person may approach the principal Civil Court of Original Jurisdiction for adjudication of his grievances. This clearly shows the intention of the legislature that the legislature intended to confer jurisdiction only on Civil Court for deciding the disputes arising under the Trust Act.

59) The principle of interpretation that where a specific remedy is given, it thereby deprives the person who insists upon a remedy of any other form of remedy than that given by the statute, is one which is very familiar, and which runs through the law, was adopted by this Court in the case of The Premier Automobiles Ltd. vs. Kamlakar Shantaram Wadke & Ors., AIR 1975 SC 2238 while examining the question of bar in filing Civil suit in the context of remedies provided under the Industrial Disputes Act (See G.P. Singh, Principles of Statutory Interpretation, 12th Edition, Pages 763-764). We apply this principle here because, as held above, the Trust Act creates an obligation and further specifies the rights and duties of the settlor, Trustees and the beneficiaries apart from several conditions specified in the Trust Deed and further provides a specific remedy for its enforcement by filing applications in Civil Court. It is for this reason, we are of the view that since sufficient and adequate remedy is provided under the Trust Act for deciding the disputes in relation to Trust Deed, Trustees and beneficiaries, the remedy provided under the Arbitration Act for deciding such disputes is barred by implication.