OFFICIAL TRUSTEES, MAHARASHTRA STATE Vs. INDIAN RED CROSS SOCIETY, BOMBAY CITY BRANCH & ANR
LAWS(BOM)-2017-6-274
HIGH COURT OF BOMBAY
Decided on June 27,2017

Official Trustees, Maharashtra State Appellant
VERSUS
Indian Red Cross Society, Bombay City Branch And Anr Respondents

JUDGEMENT

K.R. Shriram, J. - (1.) Adams Wylie Memorial Hospital, a charitable trust, was created by Mrs. Lilian Oimara Adams Wylie vide Indenture dated 9th September, 1903. Vide Indenture dated 14th August, 1933, all the trustees resigned and the Official Trustee - Maharashtra State, petitioner herein, was appointed as a sole trustee of the trust properties, which, inter alia, consists of leasehold rights in the property bearing plot no.111 at Gilder Street and a plot of land adjoining to it (hereinafter collectively referred to as "the trust property"). It appears that petitioner was unable to manage the trust property and the Hospital standing thereon to his satisfaction. On an application of petitioner, by an order dated 30th January, 1952 this Court transferred the management of Adams Wylie Memorial Hospital to Bombay City Branch of the Indian Red Cross Society - respondent no.1 herein. In the month of June 1990, petitioner made a further petition bearing Misc. Petition No.48 of 1990 to this Court narrating the circumstances under which the scheme of management, administration and proper working of the Adams Wylie Memorial Hospital was handed over to respondent no.1 and praying for sanction of the draft scheme of management and administration of Adams Wylie Memorial Hospitals prepared by him. The present respondent no.1 was joined as a party respondent to the said Misc. Petition. On 8th November, 1993, this Court disposed of Misc. Petition No.48 of 1990 by passing an order in terms of the minutes of order signed by the parties and their respective advocates. Under the order, respondent no.1 - Indian Red Cross Society was appointed as the trustee in place and stead of petitioner.
(2.) The present chamber summons has been taken out by respondent no.1 for the following reliefs : "(a) The petitioner be directed to take all steps necessary to complete the implementation of the order of the Hon'ble Bombay High Court dated 8th November, 1993 (being Exhibit 2 hereto) and to forthwith transfer all assets, properties, investments, etc. in the name of the said Hospital to the respondents; (b) The petitioner be restrained by an order and injunction of this Hon'ble Court from interfering in any manner with the functioning and/or day to day work in progress and or running of the said Hospital by the respondent and or through Wockhardt Hospitals Limited, constituted attorneys of the respondent and their agents, representatives and authorised persons; (c) The petitioner be directed to forthwith withdraw all complaints made by the petitioner with the Municipal Corporation of Greater Mumbai and the police and any other authorities."
(3.) It will be useful to reproduce the order dated 8th November, 1993 passed by this Court in Misc. Petition No.48 of 1990, which reads as under : "The learned counsel handed in minutes of order duly signed by the parties and their respective advocates annexing thereto the scheme agreed between the parties. I have perused the averments contained in the said petition so also gone through the said scheme annexed to the minutes of the order. It is noticed that since the year 1952 the respondents, a public Trust are in the management of the Hospital run by the Trust. In the circumstances, it will be desirable and appropriate that the said management is continued with the respondents. However, certain directions are given hereinbelow to ensure that the respondent Trust take necessary steps for the improvement and effective management of the Trust Hospital. Hence, the following order : (i) The petition stands disposed of in terms of the minutes of order and sanction is accorded to the scheme annexed thereto. (ii) The Official Trustees shall inspect for the purpose of ascertaining the management of the said Trust after a period of six months from this order and then submit a report before the Court and if necessary seek directions from the Court. (iii) Such six monthly report will be submitted for a period of one year and then annual report will be submitted for the period of two years thereafter before the Court. (iv) Liberty to the parties to seek directions from the Court, if necessary. (v) Issuance of certified copy is expedited.;


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