Govind Sukhdeorao Wankhede And ... vs Ramesh Pandurangji Doiphode And ...
2023 Latest Caselaw 3771 Bom

                                                                                               (1)                                                  15wp2404.23

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      NAGPUR BENCH : NAGPUR

                                              WRIT PETITION NO. 2404 OF 2023
    Govind Sukhdeorao Wankhede and ors__ Vs. ___Ramesh Pandurangji Doiphode
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Office Notes, Office Memoranda of Coram,                                                                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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           Mr. A.J.Gilda, Advocate for petitioners


                                                                           CORAM :                     AVINASH G. GHAROTE, J.

                                                                           DATE  :                     17/04/2023


                                               1]                           Heard Mr. Gilda, learned counsel for the
                                               petitioner.
                                               2]                           In pursuance to the meeting, stated to be

held on 8.5.2016, in which a new executing committee is claimed to have been elected, a change report has been filed before the Assistant Charity Commissioner, Amravati, in which the present petitioners had raised an objection based upon the bye-law nos. B read with 7 and 9 (pages 19, 21 &

23) contending that the persons named in the objection (para 2, 29) were never admitted to the life membership of the trust, as there was no application for such purpose made by them, neither the fees thereof, was deposited in the account of the trust in pursuance thereto. The reporting trustee in his cross examination (pg.50) has categorically admitted that he has not produced any document to

(2) 15wp2404.23

indicate the inclusion of persons named at Sr. Nos. 23 to 31, as life members of the trust. 3] The learned Assistant Charity Commissioner in its judgment dated 27.7.2022 (para 10, pg.104), has without considering the absence of the application/payment receipt, merely on the basis of a resolution, which was neither placed on record nor proved by the reporting trustee

duly enrolled as members. This finding has been affirmed by the Joint Charity Commissioner (para 22, pg.140), which also, according to the learned counsel for the petitioners, suffers from the same defects.

4] Issue notice for final disposal, returnable on 2.5.2023.

5] Petitioners to serve the respondents by all modes permissible in law, including Hamdast.

JUDGE Rvjalit