In the Bombay High Court it has been held that it has no jurisdiction to hear matters pertaining to interpretation of Trust Deed on powers of trustees in regard to Lilavati Kirtilal Mehta Medical Trust which runs the multi-speciality Lilavati Hospital.
It has been observed by a division bench that in view of the bar attracted under provisions of section 80 of Bombay Public Trusts Act, it has no jurisdiction to hear matters in ‘Originating Summons’ for interpretation of various clauses of Trust Deed on powers of trustees.
“After having considered submissions on the issue of limitation, we are of the view that it will not be appropriate for this court to render a final or conclusive determination on that aspect, in view of the finding on the absence of jurisdiction due to the bar under Section 80,” observed Justices D Y Chandrachud and A A Sayed.
The judge was hearing an appeal filed by Charu Mehta, permanent trustee of Lilavati Kirtilal Mehta Medical Trust, challenging the March 5 order of a single bench of the High Court on an Originating Summons filed under the rules framed by the court.
Charu had moved the court in ‘Originating Summons’ for interpretation of various clauses of the Trust Deed on the powers and mode for appointment of trustees, and powers of individual trustees and mode of administration of the trust.
The judges opined that in any event this is not a fit case for entertaining an ‘Originating Summons’ and they upheld the decision of the single judge in declining to exercise his discretion.
Accordingly, the division bench dismissed the appeal filed by Charu against the single bench order.