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As per case facts, members of Khar Gymkhana requisitioned the removal of Trustees. Following some resignations and interim appointments, an Annual General Meeting was held where all Trustees, including newly
...appointed ones, were removed, and new Trustees were appointed. The Appellants challenged this in an Interim Application, which was rejected. The appeal argues that removal of unnamed Trustees without proper notice, at an Annual General Meeting instead of a Special General Body Meeting, and the flawed appointment of new Trustees without prior agenda notice, was illegal. The question arose whether the removal of all Trustees and the appointment of new ones at an Annual General Meeting were valid under the Trust Deed and Rules, especially regarding notice and meeting type. Finally, the court upheld the Single Judge's Order, finding the removal of all Trustees and appointment of new ones valid. The court noted the requisition sought removal of all Trustees, the Agenda allowed it, and the resolution passed by an overwhelming majority after discussion. It also affirmed that the Trust Deed permitted removal by a General Body with a sufficient majority and that new Trustee appointments were valid to avoid a vacuum.
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