The legal battle over the control of multi-speciality Lilavati hospital here has taken a new turn with the recent appointment of its Reporting Trustee.
The office of the Charity Commissioner here has appointed Chetan Mehta as its Reporting Trustee in place of Vijay Mehta who passed away recently.
Chetan's appointment as Reporting Trustee was made by A H Shingne, Assistant Charity Commissioner, Greater Mumbai, vide his order dated November 1.
He was appointed trustee of the Lilavati Kirtilal Mehtavide Medical trust for a period of five years with effect from March 29, 2007 by the late Vijay Mehta.
After the death of Vijay Mehta, Chetan filed an application seeking his appointment as the Reporting Trustee. Under Bombay Public Trust Act, a reporting trustee is one who reports to Charity Commissioner's office any change that may arise due to resignation or cessation of an existing trustee or appointment of a new trustee.
Such report is called as a Change report. When such a report is accepted by Charity Commissioner's office, an entry is made in Schedule I pertaining to such a trust, which is final and conclusive.
Vijay Mehta had filed two change reports in 2006 for cessation of Kishore Mehta and Rajiv Mehta as trustees respectively. Kishore suffered disqualification under clause 14 of the trust deed while Rajiv's five year term ended.
During the pendency of these change reports, the Reporting trustee Vijay Mehta Passed away on July 24, 2010. Chetan filed two separate applications in two change reports for substituting himself as Reporting Trustee in place of Vijay.
This has now been allowed by the office of Charity Commissioner in an order passed on November 1. Kishore and Rajiv Mehta, opposed Chetan's appointment as reporting trustee saying he was not a trustee and could not be substituted in place of Vijay.
Chetan had no authority from the Board to prosecute the two change reports and also had no personal knowledge of the change based on which change reports were filed, their lawyer Tamboli argued.
Chetan's lawyer Amol Inamdar argued that change report appointing him as a trustee had already been accepted by Assistant Charity Commissioner in his order on March 6, 2010.
His name had been entered in Schedule 1 of the trust and he was also part of sub-committee formed by the Board of trustees on October 4, 2007 to take decisions relating to the Trust, Inamdar said.