MR. ZAIWALLA’S LETTER
18 November 2018
We have read with regrets , the Press Release issued by Mr. Homa Petit, which is identical in all the five newspapers. It may be a paid news, but the crux of the matter is the defense put up by Mr. Petit , that community must clutch with folded hands the Hong Kong offer of Rs. 150 crores or else the offer may be with withdrawn by 31st March, 2019.
Mr. Homa Petit is a eminent Solicitor, and world surely understand that a Rs. 150 crores donation is subject to the new building being handed over only to Medanta for 45 years , with further rights over the old hospital as per the agreement with Mr. Naresh Trehan, signed by Mr. Petit claiming to be a President of a registered society, and suppressing the fact that the Hospital is governed by the Trust Deed of 1906 , executed by Sir Bomanjee Petit and is filed on record , even presently with the Office of the Charity Commissioner , Maharashtra State .
The community will appreciate that the entire contract with Mr. Naresh Trehan is a fraud on public trust , and it is no answer to say that some of the BPP Trustees have later ratified this contract. It is a cardinal principle of law that a fraud cannot be ratified, nor can any person can take advantage of his own wrong, as fraud renders every action null and void.
It would highly desirable that Homa Petit files a reply, before the learned Charity Commissioner, as it is not being done for last 7 months on some pretext or another, but instead the Press Release as issued, betrays lack of faith in the judicial process. We now hope that the reply will be filed by the next date of hearing.
Mr. Homa Petit has misguided the community by claiming that Mr. Naresh Trehan will pay Rs 12 crores a year for use and occupation of the new building for 45 years. It is well settled that any administrator by whatever name called, of a property of a public trust, has to act with prudence and care. However in the present case , no bank grantee of payment of Rs. 12 crores a year has been obtained from Mr. Trehan, and in a mostly likely case, a default is likely to happen even in the first year itself under the excuse of lack of profit , as very well pointed out by activist Mr. Zoru Bhathena, and the Parsi beneficiaries of the Trust will be without any remedy, and will be faced with an impossible task of recovering possession , as all prudence of a man of business has been thrown to the winds by a secret agreement.
I have written this reply with good will towards all, in interest of the public charitable trust, founded by Sir Bomanjee Dinshaw Petit for the benefit of Parsi Community.
Khushru Zaiwala
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A Counterpoint on the Parsee General Hospital issue
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