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“Should be uppermost”

Without going into the merits of the case, the Supreme Court (SC) has disposed of former Bombay Parsi Punchayet (BPP) chairman Dinshaw Mehta’s and Armaity Tirandaz’s application regarding his objections to the redevelopment of the Parsi Lying-In Hospital (PLIH, pictured). Noting that Krimson Health Ventures Private Limited (KHPL) had withdrawn their proposal to convert the maternity Hospital into a specialty orthopedic hospital, the Court noted "when the scheme/agreement cannot now be given effect due to parties’ own volition, there does not arise any need for this Court to decide its legality or correctness on merits.”
The Court noted that "the BPP and PLIH would be at liberty to enter into any arrangement, scheme, etc in relation to the land/Hospital in question… with any person, body, corporate, organization, firm, etc.”
The Court noted "there may be difference of views when issues relating to the affairs of the trust are debated amongst the trustees but what should be the uppermost behind everyone’s viewpoint is ‘interest of the trust and the beneficiaries.’”
All concerned parties, Mehta, the BPP and the PLIH managing committee claimed the judgment vindicated their stand. Mehta called the decision "a slap on the face of the managing committee’s members and the trustees of BPP for the Court has laid down principles as to how trustees should act.”
BPP trustee and PLIH managing committee member Noshir Dadrawala termed Mehta "a bad loser.” He inquired if Mehta and BPP trustee Armaity Tirandaz "will now compensate the loss of time and money and above all else bring that elusive ‘better offer’ to the table.” Tirandaz had joined forces with Mehta to oppose the redevelopment scheme. They stated better offers had been received but were unable to produce the proposals before the Bombay High Court.
Yezdi Bhagwagar, a member of the PLIH managing committee, noted that the SC "has not granted any of Mehta’s prayers… it was Mehta’s SLP (special leave petition) against the High Court order which is not granted. The managing committee has the liberty to claim compensation from Mehta and Tirandaz.”