Dilip Sopana Abhang And Ors vs Hanmant Krushna Narute And Ors
2023 Latest Caselaw 2815 Bom

                                                     17-FA-1386-2022.doc


Shailaja


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION
                FIRST APPEAL NO.1386 OF 2022
                             A/W
            INTERIM APPLICATION NO.30472 OF 2022
                              IN
                FIRST APPEAL NO.1386 OF 2022

Dilip Sopana Abhang and others          ]    Appellants
      Vs.
Hanmant Krushna Narute            ]
and others                        ]          Respondents
                               .....
Mr. Dilip Bodake, for Appellants.

Mr. G.B. Gawai a/w Mr. Ojas Deolankar, for Respondents No.1 to
3.
                             .....

                               CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 23rd MARCH, 2023.

P.C.

1. By an order dated 22nd December, 2022, after hearing learned

Counsel for the parties, this Court had granted stay on paragraphs 3

and 4 of the operative part of the impugned order dated 23 rd

September, 2022 passed by the Joint Charity Commissioner, Pune,

Region, Pune in Application No.18 of 2021.

2. Learned Counsel for respondents No.1 to 3 has invited my

attention to paragraph 10 of the impugned order wherein the Joint

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Charity Commissioner has specifically observed as regards rejection

of various change reports filed by the appellants.

3. According to the learned Counsel for respondents No.1 to 3,

the appellants have misled the Court by stating that they are the

trustees of the trust and, therefore, the order came to be passed by

this Court staying the effect of operation of paragraphs 3 and 4 of

the impugned order. Learned Counsel has, therefore, placed

reliance on a judgment of this Court in the case of Chembur

Trombay Education Society and others Vs. D.K. Marathe and

others, 2002 (3) Bom. CR 161.

4. Mr. Bodake, learned Counsel for the appellants, on the other

hand, questioned the jurisdiction of the Joint Charity Commissioner

to entertain the application under section 41 -E of the Maharashtra

Public Trusts Act. He also made a statement that no major financial

decisions have been taken by the appellants. He also seeks time to

make submissions on behalf of the appellants in view of the

judgment of this Court in the case of Chembur Trombay Education

Society (supra).

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5. List the First Appeal along with Interim Application on 10th

April, 2023 under the caption "For Admission".

6. The appellants shall serve the un-served respondents and file

affidavit of service before the next date.

7. Interim relief granted earlier shall continue to operate till the

next date.

[PRITHVIRAJ K. CHAVAN, J.]

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