1. This application has been filed with the following prayers;
"A.
to order that the names of the petitioners nos.2 & 3 in the Petition be deleted.
B.
to order that the opponents nos.5 and 6 be added as parties to the Petition as respondents nos.5 and 6.
C. to grant such other and further reliefs as this Hon'ble Court deems fit and proper"
2. Heard Ms.Archana R.Acharya, learned advocate for the applicants (original petitioner Nos.1 and 4) and Mr.Pranav S.Dave, learned Assistant Government Pleader for respondents Nos.1, 2 and 4 and perused the averments made in the application. It is submitted by the learned advocate for the applicants that original petitioner No.2 Amrish Bansilal Dave expired on 25-8-2002 and in his place opponent No.6 Shri Bharatkumar Bansilal Dave has been appointed as a Trustee of the petitioner Trust. Original petitioner No.3 Vinodchandra Shantilal Dave has resigned as a Trustee and in his place opponent No.5 Shri Bharatkuamr Jayantilal Dave has been appointed as a Trustee. As the original petitioner No.2 had expired and original petitioner No.3 had resigned and their places have been taken by opponent Nos.6 and 5 respectively, the prayers made in the application be granted.
3. Mr.Pranav S.Dave, learned Assistant Government Pleader has no objection to the prayers made in the application
4. In view of the fact that original petitioner No.2, who was a Trustee of the petitioner Trust has expired and in his place opponent No.6 Bharatkumar Bansilal Dave has been appointed as a Trustee and as original petitioner No.3 Vinodchandra Shantilal Dave has resigned as a Trustee and Shri Bharatkumar Jayantilal Dave (opponent No.5) has been appointed as a Trustee in his place, it would be in the interest of justice if the prayers made in the application are granted. Hence the following order:
The names of original petitioner No.2 Amrish Bansilal Dave and petitioner No.3 Vinodchandra Shantilal Dave are permitted to be deleted and in their place names of Bharatkumar Bansilal Dave and Shri Bharatkumar Jayantilal Dave, are permitted to be added as party respondents Nos.5 and 6 to the petition.
The cause title of the petition be amended accordingly, within one week from today.
5. The application is allowed, in the above terms. Rule is made absolute.
(Smt.Abhilasha Kumari,J) arg Top