v. M s Sitalaxmi Sahuwala Medical Trust and others of the Code of Civil Procedure, 1908 the Code, for short .
Finally, it was stated XXI.
Complaints are frequently emerging from Doctors and Patients that the 4th defendant is demanding and receiving kickback of various amounts involved and the 1st plaintiff has been informed to watch out the activities of the 4 th defendant and to direct him to mend his ways, to preserve the reputation of hospital.
By another deed dated 15.03.1985, further objects were introduced to the Deed of Trust which have numberrelevance to the original objects.
Soon thereafter Respondent No.2 herein filed IA No.1435 of 2012 seeking revocation of leave granted to the appellants vide aforesaid order dated 31.07.2012.
The 1st plaintiff was looking after administration of this hospital till the year 2003 04.
v. M s Sitalaxmi Sahuwala Medical Trust and others citizens.
The 2nd defendant is the Managing Trustee and the 1st plaintiff was appointed as the Joint Managing Trustee, vide Clause 10.
The defendants do number companye and supervise the hospital on a day to day basis.
Original Suit No.566 of 2012 was filed by the present appellants in the Court of the District Judge, Coimbatore stating basic facts as under Signature Not Verified Digitally signed by MUKESH KUMAR Date 2020.03.03 130348 IST Reason III.
However, the hospital was envisaged as a charitable hospital.
It was stated, inter alia, that neither the application number an affidavit in support of the application disclosed any proper reason for grant of such leave.
The 1st plaintiff is the elder son of defendants 2 3.
For permanent injunction restraining Defendants from appointing the 7th defendant as a Trustee and to restrain the 7th defendant from acting as Trustees of the 1st defendant Trust.
Taking numbere of his future and his carrier as a Doctor, the 2nd defendant decided to companystruct a hospital, so as to enable the 1st plaintiff to carry on his profession.
Trustees are appointed and removed according to the whims of defendants 2 4 and numberdemocratic system is followed.
1917 Of 2020 arising out of SLP C No.21306 of 2019 Ashok Kumar Gupta Anr.
Only the 1st plaintiff gives free companysultation to patients.
XI The Trust purchased land measuring 33 Cents in Cowly Brown Road by a sale deed dated 08.04.1985 and a hospital was companystructed and it was established by the 1st defendant trust in 1987 88.
In the circumstances, the appellants prayed for following reliefs in said Suit By framing a proper scheme of administration for 1st Defendant Trust namely M s Sitalaxmi Sahuwala Medical Trust by removing the defendants 2 to 6 and appointing fresh trustees including the 1st plaintiff and other trustees from the medical profession and from the public for proper and effective administration of the 1st defendant Trust by vesting the properties Civil Appeal No.
The plaintiffs submit that time has companye for this Honorable Court to interfere with the affairs of the 1st defendant Trust and to frame a proper scheme for administration of the Trust through companypetent men, so that the objects of the Trust are implemented.
The defendants are companyverting the public charitable trust into a private family trust with rubber stamp trustees so as to enable them to make a living out of the trust properties and income from the Trust.
The 4th defendant is the younger Civil Appeal No.
There was also an amendment to the Trust Deed by a registered deed dated 24.11.1986 providing for borrowing powers.
Directing the accounts of the 1st defendant Trust to be audited by an independent Chartered Accountant and to surcharge defendants 2 4 to pay up to the 1st defendant Trust any amount that may be found due from them to the Trust.
The 6th defendant is the daughter of defendants 4 5.
IX There was an amendment to the Trust Deed dated 09.04.1980 by another deed dated 23.03.1981.
The defendants are guilty of ignoring the objects of the Trust and in misappropriating the income earned by the Trust by suppressing its real income by companyverting the hospital into a business venture.
1917 Of 2020 arising out of SLP C No.21306 of 2019 Ashok Kumar Gupta Anr.
By order dated 31.07.2012, the District Judge, Coimbatore granted leave under Section 92 of the Code.
988 F.B. Civil Appeal No.
v. M s Sitalaxmi Sahuwala Medical Trust and others have any medical qualification or any expertise to run the hospital and manage the Trust had been in companytrol of the Trust and the objects of the Trust were number getting fulfilled and that the appellants were sought to be removed from the board of trustees.
The 1st plaintiff was academically a good student and he secured admission on merit in medical companylege and he graduated from Coimbatore Medical College companypleting MBBS.
VI The objects of the Trust are set out in Clause I which briefly are to establish, maintain and render financial assistance and donations by establishing and assisting running of a hospitals, surgical homes health trainings, nursing homes, maternity homes and dispensaries and to equip the hospitals and provide accessories and instruments etc.
1917 Of 2020 arising out of SLP C No.21306 of 2019 Ashok Kumar Gupta Anr.
519 P.C. 12 1935 I.L.R. 58 Mad.
The 8th defendant is thus a proper party as the operation of account and withdrawals can be.
The plaintiffs are Trustees of the 1 st defendant Trust and are persons having interest in the affairs of the Trust and are filing the present suit for framing a scheme for the administration of the 1st defendant Trust, which is a Public Charitable Trust.
He pursued his studies further in post graduation and companypleted his M.S. from Madras Medical College, Chennai, and is thus a qualified surgeon who has graduated from the Madras University.
IV The 2nd defendant settled down in Coimbatore in 1959 and he was managing the firm called M s India Roller Flour Mills.
A companyy of Deed of Trust is produced herewith and the original is with the 2 nd defendant as also the rest of the documents.
This was companytemplated taking numbere of the fact that the 1st plaintiff who became a qualified medical practitioner would look after the institution and administer the hospital where a part of the hospital can be run for charity and the 1 st plaintiff can have his companysultations and in patients admitted to serve the people in society.
1917 Of 2020 arising out of SLP C No.21306 of 2019 Ashok Kumar Gupta Anr.
v. M s Sitalaxmi Sahuwala Medical Trust and others son of defendants 2 3 and the 5 th defendant is his wife.
Along with the aforesaid Suit, IA No.1416 of 2012 was filed by the appellants seeking leave to institute the Suit under Section 92 Civil Appeal No.
The 2nd defendant as author of the trust established the 1st defendant Trust, M s Sitalaxmi Sahuwala Medical Trust, under registered Trust Deed dated 09.04.1980.
Uday Umesh Lalit, J. Leave granted.
1917 Of 2020 arising out of SLP C No.21306 of 2019 Ashok Kumar Gupta Anr.
This appeal challenges the final judgment and order dated 30.04.2019 passed by the High Court of Judicature at Madras in C.R.P. PD No.2708 of 2013.
But numberhing of these additional charities were ever performed.
The subsequent turn of events during the past one decade are narrated herein below The events after 2003 04 were then adverted to, and it was elaborated that the 4th defendant brother of appellant No.1 who did number Civil Appeal No.
1917 Of 2020 arising out of SLP C No.21306 of 2019 Ashok Kumar Gupta Anr.
In addition to the objects, further objects for providing free education and companyducting orphanages and help poor people perform marriages were introduced to the objects.
1917 Of 2020 arising out of SLP C No.21306 of 2019 Ashok Kumar Gupta Anr.
The 2nd plaintiff is the wife of the 1st plaintiff.
A scheme requires to be framed for the following reasons The administration of the Trust should be in proper hands and the hospital should be administered by companypetent qualified Doctors.
The 7th defendant is son in law of the family and he has married the sister of 1 st plaintiff and the 4th defendant.
