trustees except the
priest trustee.....
If any of the trustees other than the priest Trustees appointed
under this Scheme or any of the Trustees other ... priest as new trustee to replace such trustees
subject to section-7.
If the individual trustees do not appoint a new trustee within 3
months
would not pass on to the new trustee on the death of
the deceased trustee. The new trustee would get his
right not by virtue ... new trustee would not
be a legal representative of the deceased trustee, in
that sense there is no question of the new trustee
applying
Central Board Of Trustees, New Delhi ... vs Ahirkar Tea And Dairy Products Pvt. ... on 4 January, 2023
Author: Avinash G. Gharote
Bench: Avinash G. Gharote ... BENCH : NAGPUR
WRIT PETITION NO. 4942 OF 2017
Central Board of Trustees, New Delhi and anr _ Vs. _Ahirkar Tea & Dairy Products Pvt Ltd
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Office
trustee is to
be appointed and such trustee is to be
the sole trustee. The provisions of this
section relative to a trustee ... surviving or
continuing trustees or trustee, or in the
legal representative of any trustee, shall
become vested in such new trustee, either
solely or jointly
trustees. The vacancies that may arise
are to be filled up by the remaining trustees by
appointing new trustees. During 1992 to 2007, four
trustees ... Deed is
9 trustees. On vacancies having been arose, the same
could be filled up by the remaining trustees by appointing
new trustees. 4 trustees
filed an
application before the Registrar, Public Trust to appoint the new trustee in place
of Late Rajendra Kumar. The said application was kept pending ... Public Trust to
decide the application with regard to appointment of new trustee. The learned
counsel for the respondents further submitted that the said application
prove the management of Trustees
and not produced any resolutions passed by the trustees
regarding the appointment of new trustees in place of death ... trustee or leaves India and resides at abroad or declared as
insolvent or discharged from trusteeship or refuses to continue as
trustee, a new trustee
till date, decree of declaration declaring the
appointment of purported new trustees being defendant no. 6 to 10 vide
the extract of the minutes ... death of trustees namely Sh. Sandeep
Popli and Sh. Jagdish Popli, new trustees i.e. defendant no. 7 to 10 were
made trustees of defendant
were in the meanwhile appointed as
Trustees, have agreed to continue as permanent
Trustees and the other Trustees have retired.
7. With these transactions ... Trustees with Mrs. Radhika Reddy and Mrs. M.S.
Selvi also continuing as Trustees, but again on
11.12.2020, another 'Deed for Appointment of New
elected their 11 trustees, whereas no trustees were elected from Tapa Gachh
members. In view of the non-election of 11 trustees from Tapa Gachh ... trustees elected by
a sect cannot assume office unless the trustees from other sect are elected; and the
delay in formation of new Trust Board