KISHOR K. MEHTA versus REKHA H. SHETH & ORS.

Respondent no. 6 is not guilty of willful disobedience as he acted under a bona fide impression regarding trustee status; to do complete justice, the earlier order disposing SLP is recalled and an interim arrangement for Board of Trustees is set up.

Parties: Petitioner: Kishor K. Mehta; Respondent: Rekha H. Sheth; Respondent: Respondent No. 6
Jurisdiction: India
Judgment Date: 21 May 2014
Procedural Posture: Contempt Petition / Order Disposing Contempt Petition and Recalling SLP Order
Outcome: Contempt proceedings dropped, order in SLP recalled, interim arrangement ordered.
Legal Topics: Willful Disobedience, Interim Order, Trustee Rights

Contempt of Court Trust Law Willful Disobedience Interim Order Trustee Rights

Case Brief

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Full judgment text Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Kishor K. Mehta

Petitioner

Rekha H. Sheth

Respondent

Respondent No. 6

Respondent

Procedural Posture

Contempt Petition / Order Disposing Contempt Petition and Recalling SLP Order

Legal Issues

1 Whether respondent no. 6 is guilty of willful disobedience of Supreme Court's order regarding notice of trustee meeting
2 Role and rights of trustees under the Bombay Public Trust Act, 1950

Ratio Decidendi

Court Disposition

Contempt proceedings dropped, order in SLP recalled, interim arrangement ordered.

Orders

Interim Board of Trustees constituted with two undisputed lifetime trustees and Justice J.N. Patel as Chairman.
Justice J.N. Patel entitled to a fee of Rs.1,00,000/- per meeting from Lilavati Hospital funds.