santanu (manager) 26 August 2012

Charitable trust case

Hi, I'm Santanu here. We are the respondent in a charitable trust case. The case was filed [by the others trustees] to remove us from the trust. We were made ex parte since we didnt show up for hearings [since we did not get the summons, etc]... And they filed a contempt of court petition and we won the contempt. Now, my question is whether the original case stays or is it closed. Whether we should apply again to be admitted as a party and restart the original case? Thanks.

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4 Replies

surjit singh (Assistant) 26 August 2012

Since you said the order was exparte, kindly see that whether any notice was published in local news paper, if not you have a good case for go for appeal. Although you have come out successful in the contempt petition it does not means that the order in the original suit will be vacated. You have to approach the concerned court for review or go to the higher court by way of appeal.

santanu (manager) 27 August 2012

Thanks again Surjit

M.RAMESH.NAIK (CEO) 08 May 2014

pl note that unless mode of succession is specified in registered trust deed and as per trust act trusteeship of public trust is not herditary. it is clearle specified in section 6 (29) of indian trust act 1882. pl refer same.

Adv k . mahesh (advocate) 08 May 2014

you have to check wheater the order in the main case was interim order or the main order and the case is closed and already the contempt case was won by you why you want to go for appeal