1 CA 46.10 Kambli IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.46 OF 2010 IN P.I.L. NO.89 OF 2005 ... Shri Sandeep S. Thakur ...Applicant v/s. The State of Maharashtra & Ors. ...Respondents ... Mr.Sandeep Thakur applicant in person. Mr.Pesi Mody i/b Ms.Jyoti Pawar for Respondents Nos. 3 & 4. Mr.Shailesh Shah, Sr.Advocate i/b Mangal Kadam for Respondents Nos. 5 to 7. Mr.G.S.Hegde i/b M/s.G.S.Hegde & Associates for Respondent No.2. Mr.V.S.Gokhale, AGP for State. ... CORAM: D.K.Deshmukh & R.G.Ketkar, JJ DATED: 2nd December, 2011 P.C.: 1. By this Civil Application, which is taken out by the Applicant-Petitioner, the Applicant is seeking leave to amend the petition by joining a company by name M/s.Durga Medical Foundation Pvt.Ltd. and two persons namely (i) Dr.Nitin Kadam and (ii) Mr.Sudhir Kadam as parties to the petition. So far as Dr.Nitin Kadam and Mr.Sudhir Kadam are 2 CA 46.10 concerned, admittedly they are trustees of Respondent No.3- Trust. Therefore, they can have no objection to be joined as parties, because they are trustees of the Trust, which is already on record. So far as M/s.Durga Medical Foundation Pvt.Ltd. is concerned, the Petitioner is making an allegation against the company that it has made profit by using the resources of the trust. The relief which the Petitioner is seeking will be adverse to the interest of the said company. In our opinion, therefore, it would be in the interest of justice that the company is permitted to be joined as Respondent in the petition so that it gets an opportunity of being heard before any order adverse to it interest is made by the court. We also find that the Petitioner who is appearing in person has joined the Respondent No.3-Trust by its name and has not joined all its trustees as Respondent. The Petitioner will have to join all the trustees of the Respondent No.3 as parties, because the public trust is not a body corporate and therefore all the trustees will have to be brought on record. In our opinion, therefore, following order would meet the ends of justice. 3 CA 46.10 O R D E R (i) Civil Application is granted in terms of prayer clause (a). (ii) The Petitioner-Applicant is granted leave to amend the petition. (iii)The learned Counsel appearing for the Respondent No. 3 states that he will supply names and addresses of the existing trustees of the Respondent No.3 to the Petitioner within a perion of two weeks from today. (iv)The Petitioner shall join those trustees, excluding those who are already on record, as Respondents within a period of two weeks from the date on which the names are supplied to him and serve all the trustees. (v)Put up on 13-1-2012. (R.G.Ketkar, J.) (D.K.Deshmukh,J.)