OBJECTIONS OF 2ND TO 4TH RESPONDENTS TO DELAY CONDONATION APPLICATION FILED BY PETITIONER:-
1. The interim application is not maintainable since the affidavit accompanied the application does not speaks truth and its vague and not specific in disclosing accurate reasons for the absence of petitioner/plaintiff in the days wherein court has scheduled to plaintiff evidence.
2. The affidavit consist of mere allegations un-supported by documents, hence liable to be dismissed. The written statement and objections filed by these respondents to the main petition be read as part and parcel of this objections to delay condonation application.
3. The matter of condonation of delay, it is an established position that every day's delay has to be explained and a person who seeks the exercise of the discretion to condone the delay in his favour cannot run away by making a mere general statement or mere allegation unsupported by document or mere passing of his laches upon his advocate.
4. It is, however, necessary to emphasise that even after sufficient cause has been shown a party is not entitled to the condonation of delay in question as a matter of right. The proof of a sufficient cause is a condition precedent for the exercise of the discretionary jurisdiction vested in the Court by s. 5. If sufficient cause is not proved nothing further has to be done; the application for condoning delay has to be dismissed on that ground alone.
5. Even if delay is condoned no purpose will be served because, The main case is one for specific performance of contract upon the suit schedule property which is not binding on these respondents as per the decree made against the petitioner and 1st respondent herein on 25-10-2008 on the file of 2nd Addl Civil Judge (Jrdn) at Tumkur in OS 386/2007 regarding the same schedule property. Moreover from the date of the said decree upto three years that is upto 24-10-2011 the plaintiff has not sought the amendment of plaint in respect of the specific enforcement of contract in relation to only the share of 1st respondent in OS 168/2007 in this court. The same decree of another court is neither challenged by the petitioner in any forum. The relief claimed in the plaint cannot be amended after the statutory limitation. The case itself not maintainable under the law and hence the application to condone the delay application is liable to be dismissed.
6. Provisions relating to pleadings in civil cases are meant to give to each side intimation of the case of the other so that it may be met, to enable courts to determine what is really at issue between parties, and to prevent deviations from the course which litigation on particular causes of action must take. – The petitioner herein has not disclosed in his pleadings the exact reasons and does not provided documents in support of his application to enable this respondents to take specific objections to the nature of documents with counter verifications for knowing the reasons for the delay.
Where fore the application to condone the delay is not maintainable and these respondents humbly seeks court intervention by way of dismissal of application in the interest of Justice.
WRITTEN STATEMENT AND OBJECTIONS FILED BY 2ND TO 4TH RESPONDENTS TO THE MAIN PETITION:-
1. The application/petition is not maintainable either on law or on facts. The petition is liable to be dismissed since the facts are not sworn to in the verifying affidavit, a copy of which is not supplied by the petitioner. The petition is liable to be dismissed since no document and list of document is supplied to the respondents, based upon which petitioner is claiming relief. The respondents reserved their rights to further raise objections if further documents were produced.
2. The petitioner has averred falsely that the alleged suit was scheduled on 25-06-2010 for plaintiff evidence, long before that date the case was scheduled to plaintiff evidence, petitioner herein purposefully misleads the court by false set of facts. Petitioner has not approached the court with clean hands.
3. In para number two of the petition petitioner clearly avers that “on that day itself (i.e 25-06-2010) the petitioner/plaintiff unable to attend the Hon’ble court to lead evidence” This is absolute false and misleading averment, petitioner is not specifically saying from which day he is unabled to come to court and for what specific reason. The petitioner is absent throught his case and not shown any due diligence in prosecuting the case from long time. After giving sufficient opportunity only the case was dismissed for default.
4. The petitioner puts entire blame on his previous counsel/agent, petitioner does not produces any reliable documentary evidence to prove his allegation on the previous counsel. No ordinary prudent advocate appearing for a plaintiff in a trial Court would ask, or direct, his client not to come to Court or his office till he receives a letter from him, especially after case is scheduled for evidence, In fact it is the duty of the client to find out the stage of litigation from his advocate. If his advocate fails to write letters, the party plaintiff is expected to contact his advocate, because, it is he, but not his advocate that would be put to jeopardy, if he fails to appear, or fails to know about his case.
5. Seeking to pass the entire blame on to the Advocate and trying to portray that the petitioner was a quasi literate person and hence totally unaware of the nature and significance of the pending proceedings is quite unacceptable, particularly, when the petitioner is a educated and doing Finance business and other business activity. Further, it is also not a case where the petitioner is not residing in tumkur and, therefore, could not remain in touch with his counsel in tumkur.
6. Moreover petitioner gives un-believable and false reasons stretching beyond his filing of suit date to the present day. He has actively filed amendment application in 2008. His absence is not clearly explained from which date he is absent, what reasons prevailed on such dates with clear documentary evidence. That the facts on record establish that the petitioner have been grossly negligent, indifferent towards the court proceedings and its precious time and there was total lack of diligence and, therefore, he do not deserve any indulgence by the Court
7. The petitioner has not made out any case or have shown any sufficient cause with documentary evidence for setting aside the dismissal order. On the contrary, the facts on record establish that the petitioner/plaintiff had been grossly negligent, indifferent towards the court time and there was total lack of diligence in prosecuting the case. The application/petition is barred by limitation. In other words, the delay in filing the application had not been properly explained, no sufficient cause was shown to condone the delay and hence ought to be rejected on that ground only.
8. Notwithstanding the negligence or misdemeanor of the advocate, the petitioner herein is not an innocent litigant and he cannot disown his advocate and seek relief as no such absolute immunity is either permissible under the law nor has been recognized. In the circumstances of this case the rule of precedent is clearly applicable and the petition has to be heard on its maintainability.
9. Except for a vague averment about the non-cooperation of his Advocate, there is not a whisper in the application/petition about the steps taken by the petitioner to pursue the matter with his counsel between 13-06-2007 to 25-06-2010 , i.e. for about 4 years 13 days. The condonation of delay application is filed for only 491 days upto 24-10-2011 from 25-06-2010 only delay is sought by petitioner to be condoned. But petitioner has not averred when the case is posted for evidence, for what reasons he has not appeared before the court and from that day he has not sought condonation of delay with reasons, hence the petition is liable to be dismissed.
10. Petitioner avers vaguely in the petition that he came to know of the dismissal of suit on 24-10-2011, from a third person a neighbourer of suit schedule property which is utter false. There is no proper explanation in the petition who said to whom and whom exactly the petitioner approached in the court office. But in the same para 3 petitioner avers that he filed copy application through his counsel (When he allegates against his counsel by stating he came to know from court office that his counsel made negligence in his case). And again petitioner avers that on 31-10-2011 only he came to know about the dismissal of the said suit. Which is clear contradictory aversions which cannot be believable under any circumstances.
11. The petitioner avers vaguely the illness of his father-in-law, father and his wife from 12-02-2005 to till date, but does not specifically aver that how he was unabled to make free to contact his advocate in the specific dates wherein the case was posted for evidence. Later he alleges that he is in court field defending a criminal case of 2009. Still he has not met his advocate is an unbelievable story. The petitioner gives some cousin accident story for his day today busy in looking after all those ill-health persons, these are fake stories created for misleading the court and this respondents absolutely deny all those reasons.
12. The main case is one for specific performance of contract upon the suit schedule property which is not binding on these respondents as per the decree made against the petitioner and 1st respondent herein on 25-10-2008 on the file of 2nd Addl Civil Judge (Jrdn) at Tumkur in OS 386/2007 regarding the same schedule property. Moreover from the date of the said decree upto three years that is upto 24-10-2011 the plaintiff has not sought the amendment of plaint in respect of the specific enforcement of contract in relation to only the share of 1st respondent in OS 168/2007 in this court. The same decree of another court is neither challenged by the petitioner in any forum. The relief claimed in the plaint cannot be amended after the statutory limitation. The case itself not maintainable under the law and hence the petition to revoke the non-maintainable case itself is liable to be dismissed.
13. Although plaintiff / petitioner is the party to the said suit on the file of 2nd Addl Civil Judge (Jrdn) at Tumkur in OS 386/2007, but no evidence and document was marked on behalf of petitioner and it shows petitioner is running suit framed with fabricated documents. If he is having really original un-tampered documents he should have produced it in the suit for partition and sought for his rights there itself upon the share of 1st respondent herein. Without making such efforts the plaintiff has lost every right to seek further relief after the lapse of three years which co-incides with the ordered date of dismissal of the suit.
14. The relationship between an advocate and a client is a sacred one. It is a relationship of trust and of responsibility. However, merely because the litigant has entrusted his case to an advocate it does not absolve the litigant from the responsibility of following the progress of the case through his advocate. Since it is the interest of the litigant which is involved, it is his duty to defend his interest with due diligence and promptness. He cannot afford to sleep like ‘Rip Van Winkle’ for it is a well known principle of law that the Courts do not come to rescue of those who sleep over their rights.
15. The petition and the relief sought in the main case is barred by limitation. Even amended relief cannot be sought by the lapse of time. The law of limitation is founded on public policy. The legislature does not prescribe limitation which the object of destroying the rights of the parties but to ensure that they do not resort to dilatory tactics and seek remedy without delay. The idea is that every legal remedy must be kept alive for a period fixed by the legislature. To put it differently, the law of limitation prescribes a period within which legal remedy can be availed for redress of the legal injury.
Wherefore the Hon’ble court may be pleased to dismiss the petition as not maintainable in the ends of justice.
THIS DEED OF PARTNERSHIP is made this day………..day of ………2007 at TUMKUR, BETWEEN.................................................................... S/O .................................. .......... years residing at ……………………………………………
………………………………………………………. Of one part, hereinafter called as MANAGING PARTNER of the FIRM ( The term shall mean and include his successors in interest , legal heirs , administrators and assigns ) AND Mr .............. ......................................................S/O .......................................aged about ......... years, resident of …………………………………………………………………… …………………….of the other part, herein after called as PARTNER of the FIRM ( The term shall mean and include his heirs, assigns, successor in interest, and administrators )
NOW THIS INDENTURE WITNESSETH, that each of them -the said ............................... and ..................................................................................... (so far as the stipulations and provisions hereinafter contained are to be performed and observed by him his executors or administrators), doth hereby for himself his heirs executors and administrators covenant with the others of them their executors and administrators, and as a separate covenant, with each of the others his executors and administrators, that they the said ................................. and ............................... will become and remain partners for the purpose and period, and under and subject to the stipulations and provisions, hereinafter expressed and contained, that is to say:
1. NAME: The parties hereto shall carry on the business in co-partnership with official designation as stated above under the Name and style of ................................................................The business of the partnership shall be the trade or business of various products of computers and electronics and the said business and the works connected therewith shall be carried on at.............. and..............
2. REGISTRATION: May be registered with in ninety days from the commencement of business, the firm shall be registered under the INDIAN PARTNERSHIP ACT and INCOME TAX ACT and SERVICE TAX PROVISIONS and the rules under both statutes shall be applicable to the firm.
3. NATURE: The business shall be for trading with computer peripherals, accessories, spares, innovative products, electronic innovations, electronic spares and products Or such other activities as may be determined by partners from time to time.
4. CONTRIBUTION: The firm shall have such capital as may be contributed equally by each of the partners as and when necessary in this regard. Initially the capital of the partnership shall be the sum of Rs.............. and shall be contributed by the partners in equal proportions, and if any partner shall, with the consent of the others, advance and bring into the partnership any additional money by way of capital, or shall, with the like consent, leave in the business as capital, any part of the profits carried to his credit at any annual general account, the same, whilst retained by the partnership, shall be considered a debt due from the partnership, and shall bear interest at the rate of 18 percent, per annum, but shall be drawn out by him on receiving from the other partners three calendar months' notice in writing, and if not so drawn out, the partner entitled thereto shall receive only the rate of interest allowed thereon in account by the bankers of the partnership.
5. PLACE: The registered office of the firm shall be situated at present be carried on ................. ......................................... or such other place or places and the firm may open any number of branch offices as partners may deem fit. The areas of operation of firm’s activities are throughout Karnataka.
6. CAPITAL & INTEREST: The capital of the firm shall presently consist of sum of rupees …………………………………………………………………… to be contributed equally. Each partner shall be entitled to interest at the rate of 12 % per annum on the capital standing to his/her credit in the books of the firm to be paid at the first instance out of the gross profits except when the firm suffered any loss, such interest being cumulative the deficiency for one year will be made up out of the profits for the succeeding year or years.
7. OUTGOINGS: All out goings and expenses of the firm shall be paid out of the capital and profits of the business and in case of deficiency, by the partners in equal shares.
8. BANKERS: The Bankers of the firm shall be Messrs……………………….etc or such other bankers as the partners shall from time to time mutually agree upon, and all moneys, cheques and other securities belonging to the firm, except those required for current expenses, shall be paid into and deposited with the said Bank. All cheques thereon shall be drawn by the said ........................in the name of the firm.
9. PARTNERSHIP EXPENSES: The rates and taxes of the goods, and the expenses of keeping the buildings and machinery therein in good and substantial repair, and the salaries and wages of clerks apprentices servants and workmen, and all charges incurred by any partner clerk or servant in the business, and all other payments and outgoings incurred by any partner on the partnership account, and the interest upon the capital for the time being of the partners, and the allowances to them, shall be considered partnership expenses, and shall be carried to the debit of profit and loss accordingly; and all profits shall be shared all losses shall be borne by the partners in equal shares.
10. REMUNERATION: Each partner shall be entitled to remuneration as may be decided amongst partners in this regard, by reference to the nature of BOOK PROFIT ( BOOK PROFIT means the net profit in the profit and loss account of the firm computed in the manner laid down in chapter IV D of Income Tax Act-1961 ) as each partner is working partners of the firm actively engaged in the affairs of the firm.
11. DRAWINGS: Each partner shall be entitled to withdraw such sums from the firm account from time to time as may be mutually decided by the partners. The sum so drawn shall be debited to their capital/ current account in the books of the firm.
12. MONEY LENDING PROHIBITED: No partner shall lend any of the partnership monies or effects to any person, or sell or deliver on credit any goods belonging to the partnership to any person whom either of the acting partners for the time being shall have forbidden him by notice in writing to trust, and if any partner shall do so, he shall forthwith pay to the partnership the amount or value of the monies effects or goods so lent sold or delivered as aforesaid.
13. NO SURETY BY PARTNER: No partner shall become bail or security for any person without the consent in writing of all the other partners, and no partner shall do or suffer anything whereby the partnership property may be taken in execution, or in any way prejudiced or injured.
14. STOCK CHECK: On the 31st day of March in each year, or as soon afterwards as may be a valuation shall be made of the lease of the said factory and the fixtures and machinery thereof, and also, separate thereform, of the stock of goods and sold and payment due goods then on hand, and of the debts due to and other effects of the partnership, and of the debts and liabilities thereof, and such valuation shall be entered in the partnership books, and shall be signed by all the partners, and shall be considered the fixed value as between the partners and all persons claiming under them respectively until the next valuation shall be made entered and signed.
15. PROFIT & LOSS: The profit and loss sharing ratio shall be 50;50, the interest and remuneration payment made to partners, payment made to employees of the firm, office expenditures, taxes due and payable on the taxable income of the firm shall be treated as common items of expenditures before the net profit and loss account and balance sheet of the firm shall be prepared and the profit or loss derived there at shall be divided among the partners.
16. BORROWINGS: The MANAGING DIRECTOR: of the Firm may borrow funds from bankers, financial institutions, companies, and other private parties, either as a loan arrangement or as advance for firm activity and service, all documents relating to such transactions shall be executed by himself binding other partner to all those executed contracts and agreements.
17. PROFIT SHARING: The profits of the partnership shall be divided between the partners in equal shares, and shall be carried to the credit of the partners respectively in the partnership books immediately after the annual general rest hereinbefore directed, and may be drawn out at pleasure.
18. DURATION: The terms of the partnership shall be effective from the date of this deed and the partnership shall be ONE AT WILL.
19. DEATH OR RETIREMENT: Death or retirement or insolvency of partner will not effect of dissolving partnership, in case of death surviving partner / other partner may take the legal heir of the deceased partner / or any other person as partner, on such terms and conditions as may be agreed upon among them.
20. ADMISSION OF PARTNER: Any person or persons approved by all the partners may be admitted to the partnership as a partner on such terms and conditions as may be agreed upon among them.
21. APPOINTMENTS TO FIRM: The partners may appoint as number of staff as they deem fit in the course of business with the stipulated conditions and wages as may be decided by managing director.
22. PROFESSIONAL ENGAGEMENTS: The firm may engage/ appoint Chartered Accountants, Auditors, Legal Advisors, etc,. For the proper functioning and development of firm’s activity, by paying as may be agreed remuneration out of partnership firm’s funds.
23. ACTS: None of the partner shall, without the consent of the other partner sell, mortgage, assign his share or part with his share or interest in the partnership business or property or knowingly or willfully act, commit or permit any act whereby the partnership business is dislocated or disturbed to the detriment of the other partner or firm or any agreements made on behalf of the firm or any agreements and undertakings binding the firm as guarantor.
24. AUTHORISED SIGNATORY: Both the parties are agreed and have no objection and authorize at present and herein afterwards , until the proper arrangements were made in this regard by suitable power of attorney, the MANAGING PARTNER will execute all the legal documents on behalf of the FIRM, and also can communicate with any authorities and persons to obtain suitable licenses, permissions, business opportunities, borrowings, advances in Firm’s name.
25. CHANGE IN CONSTITUTION: The firm may change its constitution to any pvt ltd company or proprietorship concern or public ltd company after following suitable legal formalities in this regard as may be decided by the partners in future.
26. AMENDMENTS: All the clauses are in compliance with the co-operation and consent of both the partners and shall change the clauses by amendment at their mutual consent and will.
27. APPLICATION OF INDIAN PARTNERSHIP ACT 1932: Except to the extent mentioned above in this deed, the provisions of Indian partnership act 1932 which are not contrary to this deed are applicable to the firm and the partners.
28. ARBITRATION CLUASE: All disputes and questions arising out of or in connection with this deed or constituted partnership or between partners or between partner and legal heirs of other partner, or between firm and clientele shall be reffered to arbitration under the ARBITRATION AND CONCILIATION ACT 1966 and rules for the time being in force.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS ON THE DAY AND MONTH AND YEAR FIRST ABOVE WRITTEN
PUBLIC CHARITABLE TRUST
THIS INDENTURE made at Bombay this ------- day of ----------- 1990 BETWEEN ____________________ called "the Settlor" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to include his heirs, executors or administrator) of the One Part AND (1) ____________________ AND (2) _______________________ hereinafter called "the Trustees" (which expression shall unless repugnant to the context or meaning thereof be deemed to include the survivor of them and the Trustees or Trustee for the time being of these presents and the heirs, executors and administrators of the last surviving Trustee their, his or her assigns) of the second Part;
WHEREAS the 'Settlor' is desirous of settling for Public Charitable purpose a sum of Rs. _____(Rupees _________________only);
AND WHEREAS the Trustees have agreed to act as the Managing Trustees for life of the said Trust;
NOW THIS INDENTURE WITNESSEH that with a view to perpetuate the said desire and in consideration of the premises and for other diverse good causes and consideration him thereunto moving he the 'Settlor' doth hereby grant, assign transfer and hand over to the Trustees and the Trustees do hereby accept and take possession of the said sum of Rs. -------/- Rupees ---------- only) (hereinafter for brevity's sake called "the Trust Estate" which expression shall include all accretions thereto by way of donations or otherwise and the investments for the time being representing the same) to HOLD the Trust Estate upon the trusts and with and subject to the powers, provisions, agreements and declarations hereinafter contained of and concerning the same i.e.
(a) for relief of the poor
(c) Medical relief
(d)the advancement of any other object of general public utility;
(e) to collect and receive funds and donations for the above objects,
(f) to do all acts, deeds and things as are incidental and conducive to the
furtherance of the above objects.
AND IT IS HEREBY DECLARED that the charitable objects hereinabove mentioned shall not be limited or restricted to any particular caste or creed and will not involve any element of profit making.
AND IT IS HEREBY FURTHER DECLARED THAT THE Trustees shall be entitled to utilise and disburse either the net income of the Trust Estate and/or parts of the corpus thereof for maintaining and/or conducting establishments for the charitable purposes and trusts hereinabove set out;
1. The Trustees shall have power and shall be entitled to collect, recover and receive dividends, rents and profits and other income of the Trust Estate (hereinafter referred to as `as the Trust income`) and to pay thereout all taxes, rates, assessments, expenses and outgoings for collection in respect thereof and for the management of the Trust Estate and for administering and carrying out the Trust hereof.
2. The Trustees shall be entitled from time to time to accept from any person or persons desiring to make gifts or donations upon the trusts and subject to the terms, provisions and powers and conditions contained herein, such moneys or properties as the Donors desire from time to time to give on the aforesaid trusts and on the terms and conditions herein contained.
3. The Trust hereby declared shall be designated as ----------------.
4. The Registered Office of the Trust shall be at ----------------------.
5. The Trusts hereby declared shall be irrevocable.
6. It shall be lawful for the Trustees at any time and from time to time to borrow moneys as well as to sell, mortgage, assign, transfer, demise or let on lease for any period however long or otherwise dispose of and deal with the Trust Estate including any immovable properties comprised therein or any part thereof either by publication or by private contract and on such terms and conditions as they the Trustees think fit with liberty to the Trustees to buy in rescind or vary any contracts for sale, mortgage, transfer, assignment, lease or other disposition as aforesaid and to resell the same or enter into a fresh contract for transfer, assignment, lease or other dispositions without being answerable for any loss occasioned thereby and with power also to execute all necessary assignments, conveyances, mortgages, transfers, leases, sub-leases and their counter-parts, and other deeds and assurances for the same and to give receipts and discharges for the consideration moneys and all other moneys. All moneys arising from any such sale, mortgage, transfer or other dispositions shall be deemed to be part of the Trust Estate
and shall be dealt with accordingly.
7. The receipt of the Trustees for the purchase money of any property hereby directed or authorised to be sold, or for any other moneys, stocks, funds, shares, securities or investments paid, delivered or transferred to them or him by virtue of these presents or in the execution of the Trusts or powers hereof shall effectually discharge the person or persons paying, delivering or transferring the same therefrom and/or from being bound to see to the application or being answerable for the loss or mis-application thereof.
8. The Trustees for the time being of these presents shall be respectively chargeable only for such moneys and securities as they shall respectively actually receive, notwithstanding their signing any receipt for the sake of conformity and shall respectively be answerable and responsible only for their own respective acts, receipts, omissions, neglect and defaults and not for those of each other, nor for that of any banker, broker, auctioneer, or other person with whom or into whose hands any trust moneys or securities shall be deposited or come, nor the insufficiency in title or deficiency in value of any investments nor any other loss, unless the same shall happen through their own willful default respectively AND ALSO that the Trustees or Trustee for the time being may reimburse themselves, herself or himself or pay and discharge out of the Trust estate all expenses incurred in or about the execution of the Trusts or powers under these presents.
9. The Trustees for the time being of these presents shall have full power to compromise or compound all actions suits and other proceedings and all differences and demands and to adjust, settle and approve all accounts relating to the Trust Estate and to execute, release and to do all other things relating thereto without being answerable or accountable for any loss occasioned thereby.
10. The Trustees shall be entitled to employ any person or persons and pay them remuneration for the effective management and implementation of the Trust, including expert and technical qualified or experienced personnel.
11. If and so often as any of the Trustees hereunder appointed or any future Trustees or Trustee of these presents shall die or shall leave India for more than one year or shall desire to retire from or refuse or become incapable to act in the Trust of these presents or otherwise, it shall be lawful for the surviving or continuing Trustees for the time being of these presents for this purpose to act in the execution of this power or for the proving executors or administrators of the last surviving Trustees to appoint a new Trustee or Trustees in place of the Trustee or Trustees so dying or leaving India or desiring to retire from the Trust or otherwise to appoint new or additional Trustees or Trustee and upon every or any such appointment the number of Trustees may be augmented or reduced and upon every such appointment the Trust Estate shall be transferred so that the same be vested in the Trustee or Trustees for the time being of these presents AND the Trustee or Trustees so appointed as aforesaid may as well before or after such transfer of the Trust Estate, act or assist in the Execution of the Trusts and powers of these presents as fully and effectually as if he / they had been hereby appointed as Trustee or Trustees PROVIDED THAT the number of Trustees of these presents shall not be less than two nor more than, seven PROVIDED HOWEVER AND IS HEREBY AGREED and declared for the sake of clarification that the present Trustees who have executed these presents shall remain Trustees during their lifetime or until such time as they retire or become disqualified to act as such.
12. Any Trustee may at any time resign by giving a month's notice to his co-trustees and upon expiry of such period, he shall be deemed to have vacated his office.
13. The Trustees shall have the right to make necessary resolutions by circulars instead of by meeting and any resolutions as agreed to by a majority of the Trustees shall be as valid and effectual as a resolution of the Trustees at a meeting duly convened.
14. The Trustees shall determine all questions and matters of doubt in the execution of the Trusts, including the meaning and construction of any of the articles and provisions herein contained and do all acts and execute all the trusts, powers and authorities appertaining to these presents unanimously, and in case of disagreement, by majority, each Trustee shall have one vote only. The Trustees shall be at liberty to make rules or bye-laws which are not inconsistent with what is herein contained.
15. For the purpose mentioned above or any of them, the Trustees shall be at liberty to enter into, sign, execute and deliver all such contracts, deeds, assurances and writings as they may deem necessary or expedient. The Trustees shall also be entitled in incur all legitimate expenses which they consider to be beneficial to and in the interests of the Trust.
16. The Trustees shall be entitled to invest the Trust estate or such other funds of the Trust as are not immediately required, in any of the investments authorised by the Bombay Public Trusts Act, 1950 and/or the statutory amendments, modifications or reenactment thereof for the time being in force or the rules made thereunder and the Trustees shall also be at liberty to invest the Trust Estate or any part thereof on the mortgage of any immovable property situated in any part of the Republic of India (either of freehold or leasehold or any other tenure) and the Trustees shall also be entitled to purchase vacant land of any tenure and to construct buildings and other structures thereon as the Trustees may consider necessary and in the interest of the Trust and they shall also be entitled to pull down and demolish to rebuild any building or erection as they may consider necessary and in the interest of the Trust AND the Trustees shall have power to alter, vary or transfer the investments from time to time in such manner as the Trustees may think fit proper and in the interests of the Trust.
17. The Trustees shall be entitled to obtain tenancy in and/or take on lease any premises and/or properties as they may consider proper, and also give them on leave and licence and receive deposits and/or advance compensation.
18. Complete accounts of the Trust shall be properly kept in Bombay, or at such other place or places as the Trustees may from time to time decide and all the accounts, records, and documents of the trust shall be maintained at the office of the Trust. The accounts of the Trust shall be duly audited.
19. The Trustees shall be entitled to open and maintain bank account or accounts as they may consider necessary or proper and such account or accounts may be operated on the signatures of any of two of the Trustees.
IN WITNESS WHEREOF the Settlor and the Trustees have hereunto set and subscribed their respective hands the day and year first hereinabove written.
SIGNED AND DELIVERED by the within-
in the presence of
SIGNED AND DELIVERED by the within-
named Trustees (1)...............
......... and (2)..............
............ in the presence of
Power of Attorney:
KNOW ALL MEN BY THESE PRESENTS, I, _______________________ citizen of _______________residing at________________________ do hereby nominate, constitute and appoint my ______ ________ to be my true and lawful attorneys jointly and severally or singly for me and in my name to do the following acts, matters deeds and things and execute the following powers, that is to say:
1. To open and operate savings or current bank account or accounts or invest in fixed deposits, sign cheques, deposit or withdraw money and transact money dealings and invest in or redeem Government or other securities, Public Provident Fund accounts etc.
2. To carry on any business on my behalf and to represent me in all business matters.
3. To demand, sue for, enforce payment or delivery of and receive from all and every person, and to give good receipts and discharge for all sums of money, debts, goods, and things now or hereafter due, owing or payable to, or receivable in respect of my properties.
4. To pay all taxes, rates, charges, expenses and other outgoings whatsoever payable by me for and on account of my property or any part thereof and to insure any premises or buildings against loss or damage by fire or otherwise and to pay all premia for such insurances.
5. To look after my Income-tax, Wealth-tax, Gift-tax and other tax affairs and for that purpose to receive notices and sign and file appeal memos and other papers and attend before the Income tax,Wealth-tax, Gift-tax or Appellate Authorities or other authorities, to produce my accounts, documents and evidence, to get my assessments completed, to receive notices of demand, to make payments and to do all other acts necessary for this purpose.
6. To buy, take on lease or hire or otherwise howsoever acquire immovable or movable property and to make any investments on my behalf.
7. To sell, transfer or otherwise deal with any shares investments or other movable property.
8. To sell, transfer, give on lease or leave and licence or otherwise deal with any immovable property, to sign agreements, execute conveyances, to carry on any litigation, appear before the Sub-Registrar or any other authority and make applications to any tax authority, society or other person and otherwise to do any other act, deed or thing in respect of any property in which I have interest.
9. To sell, endorse, gift, transfer and assign all or any Government Securities and securities of any description whatever.
10. To demand and receive all interest and dividends now due or which may hereafter accrue or become due on all or any such securities.
11. To demand and receive all debts, sum of money, principal money, interest, dividends and dues of what nature or kind so ever which now or at any time hereafter may be due or payable or belong to me.
12. To sign application forms, contracts, agreements, transfer, acceptances, receipts, a quittances, dividend, mandates or other documents.
13. To endorse and transfer any Government Securities, Shares, Stocks or debentures in any company or corporation.
14. For all or any of the purposes aforesaid to appoint a substitute or substitutes and such substitution at pleasure to revoke.
15. To make any application to the Reserve Bank of India and to any other Departments of Government of India as may be necessary.
16. To appear and represent me in all courts, civil or criminal Income-tax, Wealth-tax, Reserve Bank, Municipal Corporation etc. original or appellate or appellate or in the office of the Registrar or in any other office or offices of the public or the Government for business transactions or litigation, as may be deemed necessary by said attorney and for that purpose to sign or verify and file claims, written statements petitions and affidavits and produce documents as may be legally required to be done and also to present appeals etc. in any Court.
17. To appoint and constitute on my behalf Pleaders, vakils, Advocates, Chartered Accountants, Income-tax Practitioners or other Attorneys whenever my said Attorney think proper so to do.
18. AND GENERALLY to do, execute, perform any other act, deed, matter or thing whatever which in the opinion of my said Attorneys ought to be done, executed and performed in relation to my property or business and other business in general as fully and effectually in all respects as I myself would do the same if I were personally present.
19. All acts, deeds and things lawfully done by my said Attorneys jointly and or severally or singly shall be construed as acts, deeds and things done by me if I were personally present and all or whatever my said Attorneys shall lawfully do in good faith, I ____________________________ do hereby agree to ratify and confirm.
IN WITNESS WHEREOF, I, the said _____________________ have set my hand this ______ day of ________ 2000.
SIGNED & DELIVERED BY THE)
in the presence of)
IDENTIFIED BY ME
SPECIAL POWER OF ATTORNEY
TO ALL TO WHOM THESE PRESENTS SHALL COME, I, __________ ___________SEND GREETINGS:
WHEREAS I have executed a Sale Deed in favour of ____ ______________ therein called " the Purchaser" for sale of all my rights, title, and interest in ______shares numbered ___ to ___ of ______________________________ Co-operative Housing Society Ltd. situated at ________________________, Mumbai- 400 0__ (and hereinafter referred to as "the said society"); together with all my rights, title and interest as such shareholder in unit no._________ of the building known as ___________, situate at _______________- belonging to the said society; and received full consideration payable for the sale.
AND WHEREAS I am desirous of appointing Mr._______________to be my Attorney to do and execute the following acts, deeds and things in order to have to aforesaid shares and Units transferred to his name or to the name of any nominee or assign;
NOW KNOW YE AND THESE PRESENTS WITNESSETH THAT I ___ ____________________ do hereby nominate, constitute and appoint ____________________ as my true and lawful attorney to do and execute the following acts, deeds and things, that is to say:
1. To complete the sale of the aforesaid shares and Unit No.___ of situated __________________, situated at ________Mumbai 400 0__ to the name of the said Purchaser or to the name of any nominee or assign of the said Purchaser.
2. To execute any instruments of transfer or other documents as may be necessary for the transfer or sale of my entire right, title and interest in Unit No.___, ___________ _________________________, including rights of occupation.
3. To enter into any correspondence with the ___________ ____________________ Coop. Housing Society Ltd. to make any applications to any such person or body, to pay any amounts, to receive discharges and to do such act, deed or thing whatsoever to complete the title of __________________ to the aforesaid shares and Unit No.___ of the Society.
4. To attend any meetings of the _______________________ ________ Coop. Housing Society Ltd. and to vote on my behalf.
5. To accept service of any notice or letter or correspondence from the Society.
6. To apply for any permission from the Society, from the Bombay Municipal Corporation Electricity Authorities and any person or authority in respect of the said Unit.
7. To sign any agreement or documents, to appear before the Income-tax and other authorities and before the Sub-Registrar of Assurances and any other authority in connection with the said shares and Unit.
8. To file appeals, applications, petitions, Affidavits and to appear before any Court in any proceedings in which I am concerned in connection with the said shares and Unit.
9. To appoint and engage advocates, solicitors, Notaries and other agents as may be required for doing all or any of the acts, deeds or things which by virtue of these presents, the said Attorney is empowered to do.
10. To submit any transfer form and other documents as may be required in respect of the said Unit.
11. To appoint any other attorney and to sub-delegate all or any of the powers herein contained.
12. I hereby agree that all acts, deeds and things done by the said Attorney in good faith shall be construed as acts, deeds and things done by me, I hereby undertake to ratify and confirm whatever the said attorney shall do by virtue of the powers hereby given, provided however that all the costs and consequences of any act done by the Attorney shall be to the account of the Attorney, and I shall not be responsible for the same, and the Attorney shall be liable also for stamp duty and other costs in relation t this Power of Attorney and provided the Attorney indemnifies me in respect of all such costs and consequences.
I hereby declare that the powers hereby given are irrevocable being for a consideration.
IN WITNESS WHEREOF, I, ______________________ for ______________ have hereunto set and subscribed my hands this ____ day of ________, 200_.
SIGNED AND DELIVERED by the withinnamed)
in the presence of )
Identified by me
BY THIS POWER OF ATTORNEY dated_________________ I _________________S/o____________________ residing at ________________________ Plaintiff/Petitioner/Appellant in civil suit No./Writ Petition/Appeal _______ of ____________hereinafter referred to as the said suit, pending in the _________________court at __________ hereby nominate, constitute and appoint Mr. ___________________ S/o Mr. ________________resident of _____________ as my attorney for me, in my name and on my behalf to do or execute all or any of the following acts or things in connection with the said suit:
1. To represent me before the said court or in any other, where the said suit is transferred in connection with the said suit.
2. To engage or appoint any Solicitor, Counsel, Advocate or lawyer to conduct the said suit/petition/appeal.
3. To prosecute the said suit and proceedings, to sign and verify all plaints, pleadings, applications, petitions or documents before the court and to deposit, withdraw and receive document and any money or moneys from the court or from the defendant either in execution of the decree or otherwise and sign and deliver proper receipts for me and discharges for the same.
4. To apply for inspection and inspect documents and records, to obtain copies of documents and papers.
5. To compromise the suit in such manner as the said attorney shall think fit.
6. To do generally all other acts and things for the conduct of the said suit as I could have done the same if I were personally present.
And I hereby for myself, my heirs, executors, administrators and legal representatives, ratify and confirm and agree to ratify and confirm whatsoever our said attorney shall do or purport to do by virtue of these presents.
IN WITNESS WHEREOF, I the said.............. has hereunto set and subscribed my hand this................ day of................... 200-.
Signed and delivered by the within named
Identified by me
Irrevocable Power Of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT WE/ M/s________a public/private ltd. Company incorporated under the Companies Act, (1 of 1956) with its registered office at___________ through Mr. ________________ authorised by the Board of Directors of the Company vide Resolution dated or Constituted as a Sole/Proprietor ship Concern /Firm under the Indian Partnership Act, 1932 with its principal place of business at____________ through its partners/namely Mr.____________ having executed in favour of the Maharashtra Financial Corporation a Statutory body incorporated under the State Financial Corporation an agreement a deed of hypothecation for Rupees __________only and secured the repayment thereof by deposit of the Corporation empowering the corporation to execute a deed of mortgage in the form of an English Mortgage and have the same registered at the cost of the Company /Firm Concern if and wherever the Corporation find it advisable to do so during the pendency of the liability of the company firm concern to the corporation. Do hereby appoint the Corporation to be its attorney for its and in its name and on its behalf for otherwise for the Company/Firm/Concern for the purpose hereinafter mentioned.
To execute a mortgage in the form know as English Mortgage of the whole of the assets of the company/firm sole proprietor including and building machinery a electric fittings both present and future in favour of the corporation on terms and condition contained in the agreement and deed of hypothecation.
To sign the said deed of mortgage for and behalf of the Company/Firm concern and to have it registered with proper registering authority by admitting its execution and passing of consideration on behalf of the company/firm/concern and for the company/firm/concern.
And also execute and to do all such other acts and things as our said attorney shall deem fit for the purpose of securing the said repayment of the loan by the company /firm concern aforesaid.
To perform and obtain the Income-tax clearance certificate under Section 230-A (I) of Income-tax Act, for and on behalf of the borrower
To apply and obtain the necessary permission/exemption under Urban Land Ceiling and Regulation Act, 1976 for and on behalf of the borrower, if necessary to perform the above functions either through him for through lawfully constituted authority.
And the company/firm/concern hereby does agree to ratify and confirm whatever its said attorney shall do here under.
IN WITNESS WHEREOF, I/We ____________have hereunto set my/our hand(s) this __________day of ________in the year ____________
Deed Of Revocation Of Power OF Attorney
THIS DEED OF REVOCATION OF POWER OF ATTORNEY is executed on this the .........day of ............2000 by Mr / Mrs................ s/o / w/o.................aged about.......vears, residing at ...................
WHEREAS I have executed a general power of attorney dated..................in favour of ................s/o w/o / D/o .........................aged about..........years, residing at .......................... .
A copy of the said Power of Attorney is hereto annexed and is hereinafter referred to as "the said Power of Attorney"
WHEREAS the aforesaid Sri..............has been acting adverse to my interest and I have already revoked the said power of attorney dated.............by my registered letter dated............sent to the aforesaid person Sri...........
NOW THIS DEED OF REVOCATION WITNESSETH AS FOLLOWS:
1. I do hereby confirm that I have cancelled and revoked the said Power of Attorney granted to Sri ______________ dated........... with effect from.......... and I have also absolutely and completely revoked all powers or authority given under the aforesaid power of attorney to the aforesaid person with effect from the aforesaid date.
IN WITNESS WHEREOF. I have signed this deed on the day, the month and the year first mentioned above.
THIS DEED OF TRUST made at _______ this day of _______ 2000 BETWEEN _________________ residing at ____________ __________ hereinafter called "the Settlor" (which expression shall unless it is repugnant to the context or meaning thereof be deemed to include his heirs, executors and/or administrators) of the One Part AND (1) -------------------- residing at _____________ AND (2) ------------------ residing at ________________, hereinafter called "the Trustees" (which expression shall unless it be repugnant to the context or meaning thereof be deemed to include the survivors of survior of them and the heirs, executors and administrators of the last survivor and the trustees or trustee for the time being of these presents, their, his or her assigns) of the Other Part;
(i) WHEREAS the Settlor is seized and absolutely possessed, inter alia, of an amount of Rs._________/- (Rupees ___________________ only) in cash;
(ii) WHEREAS out of natural love and affection which the Settlor bears towards the beneficiaries (i) ___________________ and (ii) _________________ who are the (relationship) of the Settlor, the Settlor is desirous of settling a sum of Rs._____/- (Rupees _____________ only) upon and subject to the trusts, powers, provisions, agreements and declarations hereinafter declared and contained of and concerning the same and the Settlor has requested the Trustees to act as the Trustees thereof, which the Trustees have consented to do (as is testified by their being parties to and executing this Deed);
AND WHEREAS in pursuance of the said desire the Settlor has, prior to the execution hereof, handed over cash of Rs.5,000/- (Rupees five thousand) and a cheque for Rs. _________/- (Rupees ________________ only) to the Trustees and the Trustees have accepted and taken possession of the same and they shall hold the said amount upon the Trusts and with and subject to the powers and provisions hereinafter declared and contained;
NOW THIS DEED OF TRUST WITNESSETH as follows:-
1. The Settlor _________________________has conveyed, transferred and assigned to the Trustees the said amount of Rs. 5,000/- (Rupees five thousand only) in cash and Rs. _________/- (Rupees ______________________ only) by cheque.
2. The Trust shall be known as "..................." but it may hold assets or carry on business in any suitable name.
3. The Trustees hereby declare that they the Trustees shall hold and stand possessed of the said property which is referred to as "the Trust property" which expression shall also include cash and any other property and investments of any kind whatsoever into which the same or any part thereof might be converted, invested or varied from time to time or such as may be acquired by the Trustees or come to their hands by virtue of these presents or by operation of law or otherwise howsoever in relation to these presents, upon the Trusts and with and subject to the powers, provisions, agreements and declarations hereinafter declared and contained concerning the same.
4. The Trustees shall hold and stand possessed of the Trust property upon the following trusts that is to say:-
(a) to manage the trust premises or Trust Fund and collect and receive the interest, dividend and other income thereof;
(b) to pay and discharge out of the income of the Trust Fund all costs, charges and expenses for collecting and receiving the income of the Trust Fund and all other assets, charges, expenses and outgoings of and incidental to the Trusts created by these presents and administration thereof;
(c) to close the accounts of the Trust on the 31st day of March of every year and pay to or accumulate or spend the net income of the Trust among the beneficiaries in the following properties:-
5. If either of the beneficiaries dies before the determination of this Trust his or her share and interest in the Trust shall devolve upon the survivor and in the event of the death of the survivor before the determination of the Trust it shall devolve upon his legal heirs.
(a) The income of the Trust shall be credited to the respective accounts of the beneficiaries.
(b) Any amount withdrawn by the beneficiaries or on their behalf shall be debited to the respective accounts of the beneficiaries.
(c) The Trustees shall also be entitled to spend any part of the corpus or of the amounts credited to the accounts of the beneficiaries for their maintenance, education and medical relief or for any other benefit of the beneficiary concerned and such amounts shall be debited to the respective accounts of the beneficiaries.
(d) The Trust shall be determined when the younger of the beneficiaries attains the age of ...... years or on such earlier date as the Trustees may in their absolute power decide. On the determination of the Trust the corpus of the Trust property shall be divided among the beneficiaries existing at the time according to their shares and if there is no existing beneficiary then to the legal heirs of the beneficiary who dies last.
6. It is hereby agreed and declared that the Trustees herein appointed or to be appointed in future as hereinafter provided shall manage the trust property and for this purpose they shall have full power at all times to sell, convert, transfer or alienate any one or more of the Trust properties and to convert the proceeds thereof in other properties, securities or investments as they may deem fit.
7. The Trustees may receive and accept any donations, gifts or bequests from the Settlor or any other person or persons for the purpose of the Trust. The Trustees may also accept deposits or take loans from any person including the Settlor on such terms and conditions as they may deem fit.
8. Without affecting the generality of the powers, provisions and authorities vested in the Trustees under these presents the Trustees' shall have in addition thereto and not in substitution thereof, the following powers and authorities and they shall be entitled to execute all acts, documents and things necessary, ancilliary or incidental thereto, that is to say :-
(a) To open banking accounts of the Trust in any bank or banks of repute in the name of the Trust or in the name of any Trustee or Trustees and such bank account may be operated by any one of the Trustees individually.
(b) To borrow monies or raise loans and funds required for any purpose, power or provision either directly or indirectly concerned with the objects of this Trust or incidental to these presents from any bank or other person or concern.
(c) To draw, make, accept, endorse, discount, execute or issue promissory notes, bills of exchange and other negotiable instruments.
(d) To purchase, take on lease or sub-lease, leave and licence basis, co-operative schemes or any other arrangements or in exchange or hire movable or immovable property including residential flats or commercial units and any rights, benefits or privileges which the trustees may think necessary or convenient.
(e) To construct, develop, maintain, erect, fabricate and alter any building, structures, industrial estates, factories and storage tanks or works of any nature whatsoever necessary or convenient or as the Trustees may think fit.
(f) To sell, improve, manage, develop, exchange, lease, mortgage, pledge, hypothecate, dispose of or turn to account and deal with all or any part of the Trust Fund and premises hereby settled or any part or parts thereof.
(g) To organise agencies or officers or to make any other arrangements necessary for conducting and managing the Trust and to appoint such agents and representatives on their behalf as the Trustees may think fit.
(h) To purchase on ownership or take on rent or compensation residential flats, business premises, industrial sheds or factory premises, godowns or open plots of land and let out the same on leave and licence or compensation or warehousing charges or storage charges.
(i) To carry on any business or businesses including that of import or export of any commodities, import and export and banking or enter into partnership or joint ventures or other arrangements with any other person, firm, body corporate, society, federation, association of individuals or otherwise howsoever for carrying on any business or businesses, industries or commercial activities for and on behalf of the Trust and to appoint any one or more Trustees to be partners, representatives or nominees or nominee for and on behalf of the Trust to carry out or implement any such arrangements.
(j) The Trustes shall be entitled to determine whether any money or property shall for the purpose of this Trust be considered as capital or income and whether expenses, outgoings or loans ought to be paid or borne out of the corpus or income and any such determination of the Trustees shall be conclusive.
(k) The Trustees may deposit any documents of title or any other papers or documents or certificates held by them relating to any movable or immovable property or relating to the Trust under these presents with any bank or bankers or any other person, firm, or company whatsoever for safe custody and may pay any such charges payable in respect of such deposits.
(l) The Trustees instead of acting personally, may employ and pay any agents, person or representative including any bank or insurance company to transact any business or to do any act whatsoever in relation to the Trusts of these presents including the receipt and payment of moneys without being liable for loss and shall be entitled to be allowed and be paid all charges and expenses incurred hereby.
(m) The Trustees may from time to time appoint on such terms with or without remuneration as they may determine any immovable or movable property subject to the provisions of this Trust and the Trustees shall have powers to pay them salary, wages, emoluments, fees and remuneration.
(n) In the event of the Trustees doing any business or starting an industry or undertaking either themselves or in partnership with others or as joint venture and their incurring any losses thereby, they will be entitled to be reimbursed out of the Trust all losses incurred as well as all costs, charges and expenses incurred by them in starting or defending any proceedings.
(o) The Trustees shall have the power to make investments in movable or immovable property, to give loans on interest or otherwise to purchase shares, debentures and other securities, Government bonds etc and to make any other investments as the Trustees in their sole discretion may deem suitable.
8. In the event of the Trustees purchasing an immovable property or properties out of moneys belonging to the Trust it shall be lawful for the Trustees to repair, pull down, or rebuild them or construct any other buildings or structures out of the corpus of the Trust Fund and to give such properties on lease or tenancy or leave and licence or in any other manner on such terms at such rent or rents and upon such conditions as the Trustees may think fit and to make allowance with tenants and others and the Trustees shall also have the power to condone breaches of covenants and to accept surrender of lease or tenancy etc. and generally shall have all powers of management of such immovable property or properties as absolute owners without being responsible for loss or damage that may happen thereby and it shall be lawful for the Trustees at any time to sell such immovable properties or property or part or parts thereof or easements rights or privileges exercised or enjoyed in, over, for upon or under such immovable property or properties and upon any such exchange to give or receive moneys for equality or exchange.
9. The Trustees may make any such sale as aforesaid either by public auction or private contract and may make or agree to any stipulations or provisions as to evidence to title or commencement of title or otherwise to any conditions of sale or contract for sale or exchange and may buy in at any sale by auction and rescind or carry any contract and enter into any new contract for any of the purposes aforesaid without being
responsible for any loss. The Trustees may execute assurances and give effectual discharge for any such sale or exchange which they may think proper.
10. In the event of any difference between the Trustees concerning the affairs of the Trust, the decision of the majority of the Trustees shall prevail.
11. The Trust being established hereby shall be irrevocable and no part of the Trust Fund shall in any circumstances whatsoever be paid or lent to or be applied for the benefit of the Settlor. If the Trust fails or is held to be invalid for any reasons, there shall be no resulting trust in favour of the Settlor but the assets of the Trust shall be divided amongst the beneficiaries in the proportion mentioned in clause (4) above.
12. Any Trustee for the time being hereof may at any time retire from the Trust on giving not less than one month's notice in writing of his intention to do so to the other Trustees for the time being hereof and upon expiry of such notice the Trustee giving such notice shall cease to be a Trustee of these presents.
13. Every one of the Trustees for himself doth hereby agree that in the event of his vacation of the office of the Trustee, he shall do all necessary acts, deeds and things for effectively transferring over unto the name/names of the additional Trustees or Trustee the Trust Fund and all costs attending such transfer shall be borne out of the income of the Trust Funds.
14. It shall be always lawful for the Trustees to appoint any additional Trustees or Trustee of these presents and if the Trustees hereby appointed or any of them or any future Trustee or Trustees hereof shall die or remain abroad for more than 2 years continuously or become bankrupt or insolvent or desire to be discharged or refuse or become unfit or incapable to act or if the Trustees shall be desirous of appointing any additional Trustees or Trustee along with them then in and every such case it shall be lawful for the Trustees or the surviving or continuing Trustees or Trustee for the time being and if there be no surviving or continuing Trustee or the refusing or retiring Trustees or Trustee if unwilling to act and failing them then the heirs, executors or administrators of the last surviving or continuing Trustee/Trustees becoming unfit or incapable to act to appoint a new Trustee or Trustees and upon any such appointment the number of Trustees of these presents shall at no time be less than two nor more than seven and upon every such appointment the Trust property and the Trust Fund thereof shall (if and so far as the nature thereof or the other circumstances so require or admit) be transferred so that the same may be vested in the Trustees or Trustee for the time being and every Trustee so appointed may as well before or after such transfer of the Trust property or funds act and/or assist in the execution of the Trusts and powers of these presents as fully and effectively as if he had been hereby originally constituted as a Trustee hereof. Acceptance in writing by the substituted or additional Trustee or Trustees shall be sufficient to vest the Trust Funds in such Trustees or Trustee.
15. The Trustee will from time to time decide questions arising with respect to the administration of the Trust and may keep a record by way of minutes of work done and resolutions arrived at by them at their meetings convened or by circular.
16. In case any Trustee whether present or future, happens to be a professional person he will be entitled to payment of professional fees for work done by him or by a firm in which he is a partner and he shall not be liable to account for any share of profits received by him from the firm.
17. And it is hereby further agreed and declared that the Trustees for the time being of these presents shall be respectively chargeable only for such Trust Funds and the income including moneys, stocks, funds, shares and securities as they shall respectively actually receive notwithstanding their responsibility and shall be answerable and accountable only for their own acts, receipts, neglects and/or defaults and not for those of the other or others of them nor any banker, broker, auctioneer or agents or any other person or persons into whose hands any Trust Funds or Trust income may be deposited or come nor for lending or any security with less than marketable title nor for the insufficiency or deficiency of any stocks, funds, shares, securities nor any other loss unless the same shall happen through their own wilful defaults or dishonesty respectively and also that the Trustees or Trustee for the time being of these presents may reimburse themselves or himself and pay and discharge out of the Trust Funds and property all expenses incurred in or about the execution of the Trust or powers of these presents.
18. The Trustees shall have power from time to time to make rules and bye-laws relating to their meetings and conduct of the business and otherwise as to the management of the Trust Fund and from time to time carry out, alter or add to such rules or bye-laws provided however that such rules or bye-laws are not inconsistent with the terms of these presents.
IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands the day and year first hereinabove written.
SIGNED AND DELIVERED by the )
withinnamed SETTLOR )
in the presence of )
SIGNED AND DELIVERED by the )
withinnamed TRUSTEES )
(1)___________________ and )
in the presence of )