HC rejects Lilavati's Rs.17-cr recovery suit against ex-trustee
MUMBAI, Dec. 4 -- The Bombay High Court on Wednesday rejected a suit filed by Lilavati Kirtilal Mehta Medical Trust, seeking to recover Rs.17.20 crore from former trustee Niket Mehta for occupying a flat and an office in the Lilavati Hospital building for years. Justice Milind Jadhav rejected the suit primarily on the ground that the trust had filed it without obtaining mandatory consent of the charity commissioner under section 51 of the Maharashtra Public Trusts Act.
The trust had approached the high court in December 2024, seeking to recover Rs.17.20 crore from Mehta, who served as a permanent trustee from 2001 to 2023. Mehta subsequently filed an application seeking rejection of the trust's suit, contending that the litigation was barred under section 80 of the Maharashtra Public Trusts (MPT) Act, 1950 for want of compliance with statutory mandate.
In response, the trust contended that Mehta was not a validly appointed trustee and was therefore a rank trespasser who illegally utilised the premises for his personal and family use.
The court, however, refused to accept the contention. It noted that the trust itself had mentioned Mehta as a former permanent trustee at several places. Hence, written consent of the charity commissioner was required to recover the loss allegedly caused by him, as mandated under section 50 of the MTP Act, 1950, the court said....
To read the full article or to get the complete feed from this publication, please
Contact Us.