Section 41[a] of bombay public trust act,1950
Altaf Batliwala
(Querist) 26 January 2012
This query is : Resolved
I had filed an application under Section 41[A] of Bombay Public Trust Act,1950, to give direction to the Trustees to maintain the Books of Account, submit Audited Balance Sheet, conduct General Body Meeting, maintain the property of the said Trust. The OPs were sent Notices but there was no response for continuous 3 hearings and hence in the last hearing the Asst. Charity Comm. gave Orders that the case to proceed Ex-Party and Ex-Party Orders to appoint me as Trustee were supposed to be given in the Next Hearing. But in the next hearing an Advocate appeared for the OPs and sought a hearing date. Pls guide,
1) Whether the case can still proceed Ex-
Party
2) Whether the Asst. Charity Comm. can
still give Ex-Party Orders.
3) Whether the Asst. Charity Comm. can
give any time bound Order to OPs to
maintain the Books of Account, submit
Audited Balance Sheet, conduct General
Body Meeting, maintain the property of
the said Trust.
4) Any other orders.
Raj Kumar Makkad
(Expert) 26 January 2012
1. Yes, untill it is got ex-parte order set aside.
2. As replied above.
3. Yes.
4. As you sought in your petition.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 January 2012
Since advocate has appeared both parties will be heard.
Normally whatever you have asked will be ordered but only after hearing both the parties.
niranjan
(Expert) 26 January 2012
Direction about accounts only could be given but but trustee cannot be appointed.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 January 2012
Yes you have to justify why you should be appointed as a trustee.
More ever in which state you belong since in certain states minimum two persons have to make complaint.
prabhakar singh
(Expert) 26 January 2012
1)&2)In likely hood the exparte order shall be set aside.
3)Orders for a/cs may be passed but appointment of some one else to be appointed as trustee would subject to breach of trust proved to have been committed.
Altaf Batliwala
(Querist) 26 January 2012
Whether the Asst. Charity Comm. if satisfied that the Books of Account,
Audited Balance Sheet, General
Body Meeting, the property of
the said Trust are not maintained, Order criminal proceeding again the Trustees.
