Bombay High Court
Kiran Rajkumar Bajpayee vs Ganpatrai Fattechand Khetan And ... on 30 January, 2018
Bench: A.S. Chandurkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO.4452 OF 2017
PETITIONER: Kiran Rajkumar Bajpayee, aged about -
61, Occu-Housewife, R/o Ashok Nagar,
Akola, Tq. And Dist. Akola.
-VERSUS-
RESPONDENTS: 1. Ganpatrai Fattechand Khetan, R/o New
Radhakisan Plot, Akola, Tq. and Dist.
Akola.
2. Sureshchandra Rajnarayan Dixit, R/o A-
3, Triveni Apartment, in front of Datta
Mandir, Ramdaspeth, Akola, Tq. and
Dist. Akola.
3. Ku. Sushila Mannaprasad Pathak, R/o
Ashok Nagar, Akot File, Akola, Tq. and
Dist. Akola.
4. Anandkumar Radhakrushna Shukla, R/o
Ashok Nagar, Akot File, Akola, Tq. and
Dist. Akola.
5. Ramprakash Rajkishore Varma, R/o B-
10, Vardhaman Duplex, Rajputpura,
Akola, Tq. and Dist. Akola.
6. Sushilkumar Radhakrushna Shukla, R/o
Ashok Nagar, Akot File, Akola, Tq. And
Dist. Akola.
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7. Ramakant Umashankar Khetan, R/o
Char Banghla, Gaurakshan Road, Akola,
Tq. and Dist. Akola.
8. Kishore Bankatlal Lahoti, R/o Siddhi
Vinayak Medicals, Ramdaspeth, Akola,
Tq. and Dist. Akola.
9. Suryakumar Sadashiv Shrivastava, R/o
Bhoipura, Akot File, Akola Tq. and Dist.
Akola.
10. Smt. Shobha Arunkumar Shukla, R/o
Ashok Nagar, Akot File, Akola, Tq. and
Dist. Akola.
11. Sureshchandra Ramkaransingh
Raghuwanshi, R/o Raghukul,
Swavalambi Nagar, Gaurakshan Road,
Akola, Tq. and Dist. Akola.
12. Maganlal Birdichand Agrawal, R/o
infront of Old R.T.O. Office, Murtizapur
Road, Akola, Tq. and Dist. Akola.
13. Yashovardhansingh Ghanshyamsingh,
R/o Janki Apartment, Durga Chowk,
Akola, Tq. Dist. Akola.
Shri C. S. Kaptan, Senior Advocate with Shri A. R. Deshpande,
Advocate for the petitioner.
Shri S. H. Mishra, Advocate for the respondent Nos.1,3, 10 & 12.
Shri J. B. Gandhi, Advocate for the respondent Nos.2, 4 to 6,8,9,11
& 13.
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CORAM: A.S. CHANDURKAR, J.
DATED: JANUARY 30, 2018.
ORAL JUDGMENT :
1. Rule. Heard finally with the consent of the learned
Counsel for the parties.
2. Order dated 15-6-2017 passed by the learned
District Judge-3 on the application moved by the petitioner
herein for keeping the order dated 31-8-2016 passed by the
learned Joint Charity Commissioner, Amravati in abeyance
during pendency of proceedings under Section 72(1) of the
Maharashtra Public Trust Act, 1950 is under challenge.
3. After hearing learned Senior Counsel for the
petitioner as well as the Counsel for the respondents, I find
that the substantive challenge to the order dated 31-8-2016
passed by the learned Joint Charity Commissioner is pending
before the District Court. While according to the petitioner
the issue with regard to enrollment of twelve members in the
General Body Meeting dated 12-6-2006 is required to be kept
open, it is contended otherwise by the learned Counsel for
the respondent Nos.2, 4 to 16, 8, 9, 11 and 13. Considering
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the fact that as the substantive proceedings under Section
72(1) of the said Act are pending, any observations made at
this stage could cause prejudice to the either party. The
interests of justice would be served instead by directing
expeditious adjudication of M.J.C. No.162/2016.
4. Hence, keeping respective contentions of the
parties on merits open, the following order is passed:
ORDER
(1) The learned District Judge-3, Akola is directed to
decide M. J. C. No.162/2016 by the end of April, 2018 on its
own merits and in accordance with law. It is made clear that
the parties would be at liberty to pursue their contentions
with regard to the induction of twelve members in the
General Body Meeting dated 12-6-2006 in accordance with
law. The petitioner would be at liberty to file her objection to
Change Report No.534/2017 filed on 1-3-2017 after the
aforesaid Misc. Judicial Case is decided by the District Court.
(2) Rule is disposed of in aforesaid terms. No costs.
JUDGE
/MULEY/
