Shri Chandrakant S/O ... vs Smt. Alka Sahani And Others
2021 Latest Caselaw 8089 Bom

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                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 NAGPUR BENCH, NAGPUR.

                              CIVIL APPLICATION (CAF) NO.1113 OF 2021
                                                 IN
                                 FIRST APPEAL NO.600 OF 2016 (D)

   Chandrakant s/o Jaydevshankar Thakar (Deleted) Jagjeet Singh Gurusharan Singh and ors.
                                                              -vs-
                                                  Alka Sahani and ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.


                                  Shri R. L. Khapre, Senior Advocate with Shri M. M. Dhandekar,
                                  Advocate for applicants/appellants.
                                  Shri Anand Parchure, Advocate for respondent No.13.
                                  Ms Radhika Bajaj, Advocate for respondent No.18

                                  CORAM : A. S. CHANDURKAR AND PUSHPA V. GANEDIWALA, JJ.

DATE : June 18, 2021

This application has been filed by the appellants in First Appeal No.600/2016 that was decided on 27/04/2021. By the said judgment the proceedings under Section 47 of the Maharashtra Public Trusts Act, 1951 were remanded for fresh consideration to the learned Joint Charity Commissioner, Nagpur. In the application it has been pleaded that the learned Joint Charity Commissioner, Mumbai who had earlier decided the proceedings on 19/05/2016 is presently the Joint Charity Commissioner at Nagpur. One of the grounds of challenge was that the approach of the said Authority was unjustifiable and cryptic. Having taken a particular view earlier, the applicants apprehend that their cause may not be dealt with fairly.

After hearing the learned Senior Advocate for the applicants we find the apprehension expressed by the applicants in the application does not have any reasonable basis. No ground is found to be made out to grant liberty to the applicants

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to move the learned Joint Charity Commissioner for seeking transfer of the case on such apprehensions.

The Civil Application is therefore rejected.

                                    JUDGE                                JUDGE




Asmita