Anil Nanda, younger brother of Escorts Group Chairman Rajan Nanda, on Monday approached the Delhi High Court challenging an order by a single bench regarding conversion of Escorts Heart Institute and Research Centre (EHIRC) from a trust hospital into a company.
A division bench headed by Justice A K Sikri, however, refused to pass any order after the opposite party led by his brother Rajan Nanda pointed out that all the affected parties have not been made respondents to the case.
The Bench thereafter adjourned the matter and posted it for July 22 for hearing.
Earlier, a single bench of Justice B D Ahmed had rejected plea of the younger Nanda on technical ground that he did not seek the court's permission before filing the suit.
Section 92 of Civil Procedure Code (CPC) says that a private person has to take permission of the court before filing a suit pertaining to public trust.
The Court had also pointed out that Section 92 of CPC was applicable in suit filed by Anil as no personal relief had been claimed by him and it was entirely based on the point of conversion of a charitable society into a company with objects of private gain.
Anil had also challenged the amalgamation of EHIRC Delhi with EHRIC Chandigarh, before converting it into a full fledged company.
Anil had filed the suit in 2005 against his brother Rajan Nanda, EHIRCL and others after the public charitable was converted into a company.
He alleged that his elder brother Rajan had appropriated funds of EHIRC Delhi by forming another society in Chandigarh and amalgamating them before converting it into a company.