Won’t interpret Lilavati trust deed, says HC
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Bombay High Court (HC) has said it has no jurisdiction to interpret 'deed' of Lilavati Kirtilal Mehta Medical Trust, which runs the multi-speciality Lilavati Hospital in the city.
A division bench cited the bar attracted under provisions of section 80 of Bombay Public Trusts Act to not hear matters in 'originating summons' for interpretation of 'deed' clauses 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 determination on that aspect,"observed Justices D Y Chandrachud and A A Sayed.
The judges were hearing an appeal by permanent trustee Charu Mehta against a March 5 order of a single-judge bench on an originating summons under the rules framed by the court.
Charu wanted HC to interpret clauses of the 'deed' on the powers and appointment of trustees, and powers of individual trustees and mode of administration of the trust.
The division bench said it was not a fit case for entertaining an 'originating summons' and upheld decision of the single judge in declining to exercise his discretion.