Contempt Petition (C) No. 193 of 2014 in Special Leave Petition (C) No. 3772 of 2014. Case: Kishor K. Mehta Vs Rekha H. Sheth and Ors.. Supreme Court (India)

Case NumberContempt Petition (C) No. 193 of 2014 in Special Leave Petition (C) No. 3772 of 2014
CounselFor Appellant: Ajay Bhargava, Vanita Bhargava and Nitin Mishra, Advs. for Khaitan and Co., Adv. and For Respondents: Ajay Kumar, Adv. for Respondent 5
JudgesA.K. Patnaik and Fakkir Mohamed Ibrahim Kalifulla, JJ.
IssueBombay Public Trust Act, 1950; Contempt of Courts Act, 1971; Constitution of India - Articles 129, 136, 142
Judgement DateMay 21, 2014
CourtSupreme Court (India)


A.K. Patnaik, J.

  1. Hon'ble Mr. Justice A.K. Patnaik pronounced the order of the Court for a Bench comprising of His Lordship and Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla.

  2. For the reasons recorded in the signed reportable order, we drop the contempt proceedings against Respondent No. 6, recall the order dated 14th February, 2014 in SLP(C) No. 3772 of 2014 and issue notice in the Special Leave Petition to all the Respondents returnable within eight weeks and direct that interim arrangement made in this order shall continue till disposal of the Special Leave Petition.

  3. In this Contempt Petition, the Petitioner has alleged that the Respondents have wilfully violated the order dated 14.02.2014 passed by this Court in Special Leave Petition (C) No. 3772 of 2014.

  4. The facts very briefly are that on 05.07.1978, Lilavati Kirtilal Mehta Medical Trust (hereinafter referred to as 'the Trust') was settled by the late Shri Kirtilal Manilal Mehta. The Trust is governed by the Bombay Public Trust Act, 1950. As per Clause 16 of the Trust Deed, the Petitioner Kishor Kirtilal Mehta is one of the permanent trustees for the lifetime. Respondent Nos. 1 to 10, however, dispute that Kishor Kirtilal Mehta continues to be a life trustee. Various other disputes between the trustees are pending in different courts. While the position stood thus, Respondent No. 6 issued a notice on 30.01.2014 to convene a meeting of the Board of Trustees on 07.02.2014 at the office premises of Respondent No. 10. Five persons, namely, Kishor Kirtilal Mehta (Petitioner), Rajiv K. Mehta, Rajesh Mehta, Prashant Mehta and Reshma Mehta, filed Civil Application No. 329 of 2014 in Writ Petition No. 735 of 2014 before the Bombay High Court praying that Respondent No. 6 be directed to give the notice dated 30.01.2014 of the meeting of the Board of Trustees also to them and they be permitted to participate in the said meeting scheduled on 07.02.2014. A Division Bench of the Bombay High Court in its order dated 04.02.2014, however, took the view that there is no reason to grant any ad-interim relief and that the parties may challenge the proceedings of the meeting by filing appropriate proceedings. This order dated 04.02.2014 of the Division Bench of the Bombay High Court was challenged before this Court in Special Leave Petition (C) No. 3772 of 2014 Under Article 136 of the Constitution.

  5. On 07.02.2014, this Court directed that the Special Leave Petition be listed on...

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