Appointment of permanent trustee of Lilavati Hospital challenged

The Board of Trustees of the Lilavati Kirtilal Mehta Medical Trust, at its meeting held on August 19, had appointed Bhavin as a Permanent Trustee of the Hospital.

Bhavin is son of Rashmi Mehta and grandson of settlor of the Trust, Kirtilal Mehta. He was appointed in the vacancy created by the demise of Vijay Kirtilal Mehta, a permanent trustee.
In a civil suit at Dindoshi court, Charu challenged Bhavin's appointment as Permanent Trustee on the ground that it was illegal and invalid. She also challenged the powers of the Board of Trustees to appoint Permanent Trustees.

Charu contended that only permanent trustees under Clause 17 of the Trust Deed had the power to appoint other Permanent Trustees. She argued that the Board of Trustees cannot invoke Clause 11(j) or 14 to appoint a permanent trustee. Hence Bhavin's appointment was illegal and invalid.

The court, however, refused to grant interim relief seeking a restraint order on the trustees from implementing the resolution appointing Bhavin as permanent trustee and also preventing trustees from appointing other permanent trustees.Advocates for the defendants said the plaintiff's submission that only permanent trustees could appoint permanent trustees was misplaced.

They argued that the suit was not maintainable in the Civil Court and only the Charity Commissioner had exclusive jurisdiction to hear this matter.The court, however, refused to grant interim relief and sought reply from the defendents while posting the matter to September 24.