Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment in Suit No.
559 of 2019.
MHCC010019892019
Presented on : 21022019
Registered on : 01032019
Decided on : 21122022
Duration : 3 Yr, 10 M, 0 D
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
SHORT CAUSE SUIT NO. 559 OF 2019
Exh.13
1.Mr.Chetan Merchant. ]
Adult, Indian Inhabitant, ]
Residing at Asha Deep ]
CoOperative Housing Society, ]
Flat No.62, 6th Floor, ]
Doongersi Road, Malabar Hill, ]
Mumbai – 400 006. ]
2. Niranjana Merchant. ]
Adult, Indian Inhabitant, ]
Residing at Asha Deep ]
Cooperative Housing Society, ]
Flat No.62, 6th Floor, ]
Doongersi Road, Malabar Hill, ]
Mumbai – 400 006. ]
3. Hiral Chetan Merchant. ]
Adult, Indian Inhabitant ]
Residing at Asha Deep ]
Cooperative Housing Society ]
Flat No.62, 6th Floor, ]
Doongersi Road, Malabar Hill, ]
Mumbai 400 006. ]
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Judgment in Suit No. Exh. 13
559 of 2019.
4.Niranjana Sampat. ]
Adult, Indian Inhabitant, ]
Residing at 95, Parijat, Marine Drive, ]
Mumbai 400 020. ]
5. Prashant Sampat. ]
Adult, Indian Inhabitant ]
Residing at 95, Parijat, Marine Drive, ]
Mumbai 400 020. ] .... Plaintiffs.
V/s
The Dy. Charity Commissioner ]
Garment House, 3rd Floor, ]
Dharmaday Ayukta Building ]
Opposite Dr. Annie Besant Rd. ]
Worli, Mumbai 400 018. ] …. Defendant
Appearance:
Adv. Jash Vyas i/b M/s. Vivek Kantawala & Co, for the plaintiffs.
Defendant Exparte.
SUIT FOR SUBSTITUTION OF SCHEME
Coram : His Honour Judge
Shri. S. B. Pawar.
CR No. : 59.
Date : 21/12/2022
JUDGMENT
This is suit filed under Section 50 of the Maharashtra
Public Trusts Act for substitution of the scheme.
Brief facts of the case are as under :
2. Plaintiffs are the trustees of 'Thakkar Ranchhoddas Kanji
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Judgment in Suit No.
559 of 2019.
and Laxmidas Damji Charitable Trust' bearing P.T.R. No. A1872
(Mumbai). The Trust was sanctioned by order dated 10.02.1960 in Suit
No. 3572 of 1959 and the scheme was further amended by an order
dated 12.03.1966 in suit No. 141 of 1966. The plaintiffs are desirous of
substituting the current scheme for the management and administration
of the Trust to expand the object of the Trust. Accordingly, the
resolution is passed by the plaintiffs on 22.10.2018. Plaintiffs have also
obtained permission of the Charity Commissioner under Section 51 of
Maharashtra Public Trusts Act. Thus, they have prayed that the draft
scheme annexed as Exh.D to the plaint be approved and the existing
scheme governing the management and administration of the Trust be
substituted with new scheme as per Exh.D.
3. The defendant did not appear in the suit despite of service
of writ of summons. Therefore, the suit proceeded exparte against
defendant.
4. Following points arise for my determination to which, I
record my findings for the reasons discussed below.:
Sr.
No.
POINTS FINDINGS
1. Whether the relief claimed in the
suit is covered under Section 50 of
the Maharashtra Public Trusts Act?
..Yes..
2. Whether substitution of the scheme
can be ordered as prayed by plain
..Yes..
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559 of 2019.
tiffs?
3. What order and decree? Suit is decreed.
REASONS
As to Point Nos. 1 & 2:
5. Heard Ld. Adv. Jash Vyas for the plaintiffs. Plaintiff No.1
filed his evidence affidavits at Exh.3, 3(A) and 6 and thereby
substantiated the case pleaded in the plaint. Plaintiffs have produced
copy of order passed by this Court in previous suits filed in reference to
the Trust. Order dated 10.02.1960 in Suit No. 3572 of 1959 at Exh.8
shows that earlier 'Laxmidas Damji Charitable Trust' and 'Ranchhoddas
Kanji Charity Trust' were amalgamated, with amalgamation of trust
funds and properties and amalgamated trust 'Thakkar Ranchhoddas
Kanji and Laxmidas Damji Charitable Trust' was formed. Thereafter in
another suit bearing Suit No. 141 of 1966, vide order dated 12.03.1966
at Exh.9, the scheme for management and administration of the said
Trust was amended and the Trust was allowed to insert additional
objects provided in the order.
6. Plaintiffs have produced the certified copy of the judgment
dated 12.02.2019 in application No. ACCVI/22/2018 at Exh.10. This
order depicts that the Ld. Assistant Charity Commissioner has granted
permission to plaintiffs to file suit under Section 50 of the Maharashtra
Public Trusts Act in this Court for the reliefs claimed in the suit. The
copy of resolution passed in meeting held on 22.10.2018 is produced
along with draft of the proposed new scheme to be adopted by the
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Judgment in Suit No.
559 of 2019.
Trust. This shows that all the trustees have resolved to adopt the new
scheme as per the draft submitted along with documents in list at Exh.7
which is also annexed as Exh.D with the plaint. I have perused the draft
of the proposed new scheme. The relief claimed in the suit is covered
within the provision contained in Section 50 of the Maharashtra Public
Trusts Act. The Trust is desirous of expanding its work. In view of the
provisions contained in the Maharashtra Public Trusts Act, the new
scheme as per the draft at Exh.D to the plaint can be approved and
substituted for the current scheme of the Trust. Therefore, point Nos. 1
and 2 are answered in the affirmative and following order is passed:
ORDER
1. Suit No. 559 of 2019 is decreed.
2. The draft proposed new scheme of the Trust 'Thakkar
Ranchhoddas Kanji and Laxmidas Damji Charitable Trust' as per
Exh.D annexed with the plaint is approved and the same is
substituted with the existing scheme of the Trust.
3. No order as to costs.
4. Decree be drawn up accordingly.
5. Suit No. 559 of 2019 is disposed off.
(S.B. Pawar)
Judge,
Dated: 21/12/2022 City Civil and Sessions Court,
Greater Bombay (CR 59)
Declared on : 21.12.2022
Dictated on : 21.12.2022
Transcribed on : 30.12.2022
Checked On : 02.01.2023
Signed on : 02.01.2023.
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Judgment in Suit No. Exh. 13
559 of 2019.
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”
03.01.2023 at 4.00 p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.S.B.Pawar,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 21.12.2022
Order signed by P.O. on 02.01.2023
order uploaded on 03.01.2023
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