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Mistry challenges removal as SDTT trustee

Source: The Economic Times ·

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New Delhi: Mehli Mistry has challenged his removal as a trustee of Sir Dorabji Tata Trust (SDTT) and Bai Hirabai Jamsetji Tata Navsari Charitable Institution before the Maharashtra Charity Commissioner, alleging procedural irregularities and violations of trust governance rules.In three rejoinders and applications filed before the Deputy Charity Commissioner, Mistry has questioned the legality of the decisions leading to his removal, the eligibility of certain trustees and their participation in decisions concerning his reappointment.He has also sought an independent inquiry into SDTT's administration, alleging conflicts of interest, improper retention of financial benefits by trustees and irregularities in decisions involving Tata Group companies and the trust's investments in Tata Sons.A key issue raised by Mistry concerns Venu Srinivasan's participation in the decision on his reappointment. Mistry has argued that Srinivasan's tenure as a trustee ended on October 23, 2025, while he communicated his vote against Mistry's reappointment on October 28.Read more: Tata Sons Chairman Chandrasekaran meets Italian PM Meloni after Iveco acquisitionAccording to Mistry, the trust's own records acknowledged that Srinivasan was no longer a trustee when he cast his vote. He has pointed out that a footnote in the records stated that Srinivasan's vote should be disregarded for this reason.However, Mistry contends that removing the vote from the final count does not address the larger issue, as Srinivasan was still included in the decision-making process. He has argued that the entire resolution was invalid because the body considering his reappointment was not properly constituted.Mistry has also disputed the trust's position that his three-year tenure ended on October 28, 2025, requiring a fresh resolution for reappointment. He has cited the SDTT Trust Deed of March 11, 1932, arguing that it does not prescribe a fixed tenure for trustees.He has further relied on an October 17, 2024, joint resolution of SDTT and Sir Ratan Tata Trust, which provided for the reappointment of trustees after the expiry of their tenure without any limitation on the renewed term, subject to applicable law.Read more: Finance Minister Sitharaman urges Tata to resolve feud amicably, rules out govt interventionIn a separate challenge concerning the Bai Hirabai Jamsetji Tata Navsari Charitable Institution, Mistry has questioned the eligibility of trustees under the trust deed. He has cited provisions requiring trustees to profess the Parsi Zoroastrian faith and meet specified residency conditions.On this basis, he has questioned the eligibility of Venu Srinivasan and Vijay Singh. He has also raised questions about Noel Tata's alleged Irish citizenship and UAE residency, arguing that eligibility requirements should be applied uniformly to all trustees.Mistry has sought affidavits from trustees confirming that they meet the qualifications prescribed under the trust deed. He has also disputed the trust's position that the relevant eligibility provisions are invalid or unenforceable.Separately, Mistry has sought an inquiry into the financial affairs of SDTT, particularly commissions and other benefits allegedly received by trustees serving as nominee directors in Tata Group companies.His application refers to an annual commission of approximately Rs 1.42 crore received by Noel Tata from Tata Sons Private Limited during FY 2024-25, as reflected in corporate filings.He has also raised questions concerning the engagement of Gerry McGovern for Norton Motorcycles, equity infusion into Tata International Limited and alleged deviations from unanimous resolutions on voting the trust's shareholding in Tata Sons.Mistry has argued that such matters could involve conflicts of interest and breaches of fiduciary duties. He has urged the Charity Commissioner to examine corporate filings, declarations of interest, board records and relevant approvals.He has sought rejection of SDTT's preliminary objections and an inquiry or inspection under the Maharashtra Public Trusts Act, 1950.Importantly, Mistry has clarified that he is not seeking reinstatement as an SDTT trustee. Instead, he has sought an examination of the trust's administration and the appointment of an independent administrator, if required, to ensure its proper functioning.Mistry's trusteeship of SDTT and Sir Ratan Tata Trust ended in October 2025 after three trustees opposed his reappointment. On November 4, 2025, he had written to Tata Trusts trustees, including chairman Noel Tata, describing his departure as a harmonious exit and saying he did not wish to drag the charitable institutions into controversy.In the letter, he stressed the need to protect the reputation of the institutions and uphold transparency, good governance and public interest. He also cited a quote attributed to the late Ratan Tata: "Nobody is bigger than the institution it serves."Mistry had earlier filed a caveat before the Maharashtra Charity Commissioner, seeking an opportunity to be heard before any changes were made to the register of trustees.

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