Tata Trusts has said former trustee Mehli Mistry’s objections to the change reports filed with Charity Commissioner of Maharashtra (CCM) are extraneous and thus not maintainable.
Mistry stepped down as a trustee in three trusts last October after members voted against his reappointment.
Subsequently, Tata Trusts filed change reports notifying the Charity Commissioner about the end of Mistry’s term. In June, Mistry filed objections on the change reports raising questions about governance and misconduct by trustees.
In its reply to Mistry’s complaints, Sir Dorabji Tata Trust and Bai Hirabai Jamsetji Tata Navsari Charitable Institution said objections raised were not relevant to the change reports. The trusts also said Mistry had no locus standi to raise objections as he ceased to be a trustee last October.
One of Mistry’s complaints pertains to the composition of the Bai Hirabai Trust whose trust deed explicitly states that its trustees shall be from Parsi Zoroastrian faith and residents of Mumbai or Navsari region. Mistry’s complaint targeted two trustees Vijay Singh and Venu Srinivasan – both of whom have stepped down in the past few months.
In its reply, Bai Hirabai Trust has called out contradictory actions of Mistry saying that he had approved reappointment of Singh and Srinivasan during his tenure as a trustee. The Trust has also said particular clauses of trust deed which restrict membership to Parsi Zoroastrian faith are bad in law and of no legal effect.
Mistry is expected to file his rejoinder to Trusts’ response and matter will be heard again on November 5.
On Thursday, Bai Hirabai Trust filed an application naming Noel Tata as reporting trustee for the complaints. In response, Mistry’s lawyer said the application should be accompanied by an affidavit from Tata which states that he is qualified to be a trustee of Bai Hirabai Trust. Mistry has sought directions from the CCM in the matter.
Separately, Mistry’s lawyer objected to repeated adjournments sought by Sir Ratan Tata Trust (SRTT) to file its response to his objections. The trust’s lawyers said SRTT is barred from holding meetings because of a CCM order of May 15 and unless that stay is vacated no response can be filed.
What is Mistry’s complaint?
A major plank of Mistry’s objections relates to alleged commissions and remuneration received by some trustees from Tata Sons and other Tata Group companies while serving as nominee directors.
The objections also refer to allegations involving the use of Tata Group personnel for personal business purposes by another trustee. Mistry claims that after he raised these issues before fellow trustees, his tenure was not renewed.
Mistry has asked the Charity Commissioner to conduct a detailed inquiry into the affairs and administration of the trusts and examine the allegations raised in his objections