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shyam (manager)     01 February 2014

Remedy requested

THIS IS A TRUST CASE, TRUST IS REGISTERED UNDER PUBLIC TRUST ACT OF M.P.

In this trust all trustees resigned except chairman cum president, they all jointly submitted single resignation letter to chairman cum president.

Next day two trustees among them submitted their individual resignation letters, and one trustee recalled his resignation through letter to chairman cum president, apologizing for his deed and mentioning that he was forced to sign joint resignation letter.

No other trustee recalled his resignation , chairman cum president appointed other trustees in trust on vacant trustee posts,  and submitted necessary documents to public registrar Trusts for changes to be incorporated in records.

None of the outgoing trustees objected this in concerned office. Seeing this registrar after putting the same on board in his office incorporated all changes required.

Later after a year extrustees filed suit  as petitioner in lower court, requesting for quashing the appointment of trustees and reinstating them as trustees. Trust as respondent filed 7-11 mentioning limitation of time and jurisdiction, which is pending till date.

After through discussions hon’ble judge of lower court gave 15 days time to petitioner to explain under which provisions they have come to court, instead of replying to same, petitioners approached High court for intervention in case.

High court admitted the case , and passed order stating 7-11 as decided ( actually which is pending till today) and asked respondents to reply for 39 (1) in lower court.

 

I would like to receive proper guidance in what manner trust could come out of this fraudulent case.



Learning

 1 Replies

M.RAMESH.NAIK (CEO)     20 May 2014

a trustee  of  a public  trust  can not  resign or be  removed without  permission  of    civil court of  jursdiction. pl refer trust  act   1882.


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