Moolchand Kharaiti Ram Trust & v. Rajani Kothari & Ors

RAJIV SAHAI ENDLAW, J. AUGUST 29, 2017 "bs"/gsr.. (Corrected & released on 3rd October, 2017)

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 29th August, 2017. + MOOLCHAND KHARAITI RAM TRUST & ORS ....Petitioners Through: Mr. Shanti Bhushan, Sr. Adv. with Mr. Gaurav Bahl, Adv. Versus RAJANI KOTHARI & ORS. ..... Respondents Through: Mr. N.D. Pancholi & Mr. Amit Srivastav, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. This Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) impugns the order (dated 5th November, 2004 in Suit No.414/2003 of the Court of the Civil Judge, Delhi) allowing the application of the respondents/plaintiffs under Section 92 of CPC and granting leave to the respondents/plaintiffs to institute the suit under Section 92 of CPC. 2. The petition was entertained and notice thereof ordered to be issued. 3. During the pendency of this petition, the suit from which this petition arises, was dismissed in default of appearance of the respondents/plaintiffs and this petition was kept pending awaiting the restoration of the said suit. The suit was restored but this petition continued to languish. Though there is no interim order in this petition staying further proceedings in the suit but the counsels inform that the suit has also not proceeded further. 4. The senior counsel for the petitioners/defendants and the counsel for the respondents/plaintiffs have been heard. 5. The seven respondents/plaintiffs instituted the suit, from which this Revision Petition arises, in the Court of the Senior Civil Judge, Delhi pleading (i) that they have an interest in Shri Moolchand Kharaiti Ram Hospital & Ayurvedic Research Institute i.e. the petitioner/defendant No.1, which is a Trust created for public purposes of charitable nature; (ii) that while the respondents/plaintiffs No.1&2 are social workers and actively engaged in promoting the cause and welfare of poor sections of society, the respondents/plaintiffs No.3 to 6 are employees and office bearers of Moolchand Khairati Ram Hospital and the respondent/plaintiff No.7 is the Union of the employees of the said hospital; (iii) that the petitioner/defendant No.1, a public charitable Trust, had been granted recognition under Section 80G of the Income Tax Act, 1961 and was granted land by the Government of India through Ministry of Rehabilitation at a nominal price for construction of a charitable hospital for the benefit of general public; (iv) that Government of India, Municipal Corporation of Delhi and various other institutions give the hospital set up by the petitioner/defendant No.1, grants, donations and other reliefs from time to time; (v) that the said hospital was providing free indoor and outdoor services to patients and though initially set up to develop ayurvedic system of medicine, in the year 1967 introduced Allopathy and gradually started running on commercial lines in violation of the charitable purpose of the Trust; (vi) that the management of the petitioner/defendant No.1 Trust had been following unfair, anti-people and anti-labour policies and had placed under suspension about 26-27 employees and later on terminated them. 6. For the present purposes, there is no need to elaborate herein further, other facts pleaded in the plaint. Suffice it is to state that the reliefs of (a) removing the petitioners/defendants No.2 to 6 from the petitioner/defendant No.1 Trust; (b) appointment of new trustees in place of the trustees so removed; (c) vesting of all the properties and assets of the petitioner/defendant No.1 Trust in the newly appointed trustees; (d) directing the petitioners/defendants No.2 to 6 to deliver possession of the Trust property to the new trustees to be so appointed; and, (e) of settling the scheme of management of the petitioner/defendant No.1 Trust, were claimed in the suit. 7. The suit was accompanied with an application under Section 92 of CPC for leave of the Court to institute the suit, inasmuch as Section 92 of CPC entitles either the Advocate General or two or more persons having an intere