- (1.) Leave granted.
(2.) This appeal has been filed by the appellant against the impugned judgment and order dated 01.12.2010 of the High Court of Judicature at Bombay, in Letters Patent Appeal No.268 of 2010 (for short "LPA") in Writ Petition No. 9501 of 2009, whereby the High Court dismissed the LPA filed by the appellant and upheld the judgment and order dated 02.03.2010 passed by the learned single Judge of the High Court.
(3.) For the purpose of considering the rival legal contentions urged on behalf of the parties in this appeal and with a view to find out whether this Court is required to interfere with the impugned judgment and order of the High Court, the necessary facts are briefly stated hereunder: The appellant herein is the permanent trustee of the Lilavati Kirtilal Mehta Medical Trust (for short "the Trust") which is a public registered Trust in accordance with the terms of the registered Trust Deed and is governed under the provisions of the Bombay Public Trust Act, 1950 (for short "the Act"). The respondent nos.2 to 9 are the trustees of the aforesaid Trust along with the now deceased Vijay Mehta, who was the Managing Trustee of the Trust during the relevant period of time. The case of the appellant is that respondent Nos.2 to 9 have allegedly continuously neglected their duties and have committed malfeasance by acting in breach of trust with respect to the Trust properties. They have also misappropriated and improperly dealt with the properties of the Trust from the year 2001 to 2006. It has been further alleged by the appellant that they have also squandered the Trust money to the tune of crores of rupees and have committed serious acts of malfeasance. ;