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Prem (Civil Engineer)     05 April 2009

Trust disputes

 

Dear Sirs / Madam,

Please advice me on how to settle the disputes. We started a Trust with 13 trustees in 1984, after 2 years 1 trsutees are expelled from the trust & in 1994 2 trustees are expelled again. In 1998 another 2 trustees submitted their resignation letter & on the same year 2 trustees were expelled from the trust & the balance 6trustees dis-solved the trust by passing a resolution & transfered the trust to other trust as a sale deed. Amoung the 2 trustees who are expelled from the trust before the dissolution of the trust, one trustees challenged the sale deed in High court and the Judgement was given as "The sale deed is not acceptable and the trustees who executed the sale deed are not entitled to manage the trust"

After this 12trustees joined together in 2000 and passed a compromise memo and elected chairman, secretary. Due to one of the trustee haven't signed this compromise memo he challenged in the High court and received the judgement as "A receiver would be appointed to manage the trust. The trustees should inovlve in the management of the trust. The amoount collected from this trust has to be deposited in nationalised bank. Once in a month the receiver has to submit the account to the court & a copy has to issued to all the trustees. For necessary action, the receiver has to get proper direction from the coourt & a copy has to sent to the trustees also. And the judgement also states that since the disputes are in the court for more than 10 years it has to completed within 6months from the date of first hearing"

Now my questions are:

1. For the past 8 years the receiver has submitted his accounts in March 2008 only. Whether we can challenge this?

2. The receiver haven't depoisted the money in the bank, he handled most of the payments by cash. Whether we can challenge this?

3. The receiver  sold the trust equipments & vehicles, the receiver also bought vehicles for the institution without getting any direction from the court. Whether we can challenge this?

4. The receiver also made agreement with other trust to operate their institution our trust campus, no direction from the court has been received. Whether we can challenge this?

5. The receiver mostly handled cash payments only. Is it possible?

6. Now we want to appoint a representative from my side to see that the amount collected during the admissions & the academeic year are properly maintained. Is it possible to get any direction from the court?

7. Is there any option to speed-up the case as all the trustees are more than 70years of age?

Please advice me.

Thanks in advance.

Prem



Learning

 2 Replies

Prem (Civil Engineer)     05 April 2009

Further questions which I have missed:


1. Is there option to speed-up th case?


2. Any judgements available similar to the case like this (or) Educational trust's judgements please send to me or email me: merpkumar@gmail.com


Thanks in advance


Prem

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 April 2009

If any trustee fails to discharge the duties and perform the functions of a trustee in accordance with the provisions of the act or the rules made thereunder:


1. disobeys any lawful order issued under the provisions of the act or the rules made thereunder, by the govt. or the commissioner or the dy.commr. or the asst.commr.


2. refuses, fails or delays to handover the property and records in his possession relating to the institution or endowment to his successor or any other person authorised in this behalf;


3. commits any malfeasance or misfeasance or is guilty of breach of trust or misappropriation in respect of the properties of the institution or endowment;


 


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