Mumbai: Rajesh Mehta has moved the Bombay High Court challenging a decision of the Lilavati Kirtilal Mehta Medical Trust removing him as a permanent trustee, with the court issuing notice to the defendant trustees and directing that any further steps will remain subject to its orders.
Allegations Of Misconduct
On February 16, the trust decided to terminate Mehta as permanent trustee after levelling allegations of financial fraud, intimidation and attempts to usurp control of the hospital.
Court Grants Protection
Justice Milind Jadhav on Wednesday granted urgent ad-interim protection to Rajesh while hearing an application by him seeking interim relief. He has filed a suit challenging two resolutions dated January 16 and February 16, by which the trust removed Mehta from trusteeship.
Natural Justice Argument
His counsels – senior advocate Venkatesh Dhond and advocate Joel Carlos – argued that Mehta is a permanent trustee under the trust deed and that the February 16 resolution was “contrary to law” and violative of principles of natural justice. He submitted that no notice was issued, no cause was shown for removal, and Mehta was neither heard nor informed about the resolutions, which were required to be circulated to trustees.
Charity Commissioner Role
He further contended that remaining trustees could not collectively remove a permanent trustee “without any cause of action”, and expressed apprehension that the trust may act on the resolution by approaching the Charity Commissioner with a change report. Dhond told the court that the power to remove or sustain a permanent trustee ultimately lies with the Charity Commissioner after due process.
Court Observations Recorded
Granting urgent relief, Justice Jadhav noted: “An arguable case has been made out by Mr. Dhond for issuance of notice to Defendants as also to pass urgent ad-interim relief in order to ensure that substantive right of the Plaintiff is not trampled with irreversibly.”
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Trustees Added As Respondents
The judge ordered that defendants must inform the court of any action taken in furtherance of the twin resolutions and remain present on the next date. Trustees, including Prashant Mehta, Rajeev Mehta and Charu Mehta, have been added as respondents to the suit.
Further Steps Restricted
“In the meanwhile, any further steps taken by Defendants in furtherance of the twin Resolutions shall be subject to the orders” passed in the interim application, the court directed.
Next Hearing Date
The matter has been posted for further directions on February 25.
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