authority to appoint trustees vested with Settler and defendant No. 2, as a Trustee or additional Trustee, has no authority to appoint such co-trustee ... only one Trustee which admittedly did not constitute the Board of Trustee. Prima facie, the surviving additional Trustee/Trustee could neither appoint an additional Trustee
continuing Trustees or trustee for the time being, shall be entitled to appoint a
Trustee or Trustees in place of the Trustee or Trustees ... continuing Trustees or trustee for the time being, shall be entitled to appoint a
Trustee or Trustees in place of the Trustee or Trustees
trustee or trustees, if willing:
5
73. Appointment of new trustees on death, etc.. - Whenever any person appointed a trustee
disclaims, or any trustee, either ... last surviving trustee:
to appoint a new trustee or new trustees in the place of the trustee
or trustees so dying or becoming bankrupt
continuing Trustees shall be entitled to act with a
view to appoint new Trustee or Trustees, so as to
bring the number of Trustees ... continuing Trustees or trustee for the time being,
shall be entitled to appoint a Trustee or Trustees in
place of the Trustee or Trustees
Trustee shall be eligible for reappoinment. Provided That no Trustee shall be eligible for reappointment as a Trustee if he has been a Trustee ... Code of Civil Procedure specifically envisages the appointment of new trustees which may include appointment of additional trustees as well, section
close relation of
plaintiff No. 2 was appointed as additional trustee.
Since plaintiff No. 2 was the Chairman and Managing
Director of Ranbaxy Laboratories ... already a trustee of Bhai
Hospital Trust, became its managing trustee.
Defendants 2, 3 and 4 were inducted as additional
trustees. Plaintiff No. 1 along
duly appointed trustee
and she is liable to be declared accordingly.
(vi) Mr. Rohit Sethi (defendant No.7) is not a duly appointed trustee ... Trust after removal of the
unauthorized and illegally appointed five additional trustees."
The prayer clause also shows that the dispute is inter
dated 22.04.1973. Late Shri T.N
Khanna was one of the original trustee/donor - he was impleaded as
second defendant in the suit ... Swami Muktananda Paramhansa shall always have
the power to appoint a person as an additional Trustee or to fill
any vacancy in the office
first trustees of the Trust. Plaintiff No. 3
was appointed as an additional trustee. Plaintiff No. 2
was also empowered by the trustees ... already a trustee of the
Trust and became its Managing Trustee and defendants 2, 3
and 4 were inducted as the additional trustees
other Trustees, all
of whom were appointed by Baba in accordance with the provisions of
the Trust Deed, which required the appointment of Trustees ... Swami Muktananda Paramhansa shall always have
the power to appoint a person as an additional Trustee or to fill
any vacancy in the office
