Yasdi Darbsha Ichhaporia vs Arechsha Bahadursha ...
2023 Latest Caselaw 7067 Guj

                                                                                      NEUTRAL CITATION




     C/SCA/371/2014                                    ORDER DATED: 25/09/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 371 of 2014
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               YASDI DARBSHA ICHHAPORIA
                           Versus
 ARECHSHA BAHADURSHA LAKDAWALA.(DELETED AS PER COURT'S
        ORDER DTD.9/9/2016 IN CA 12530/14) & 25 other(s)
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Appearance:
MR ARPIT A KAPADIA(3974) for the Petitioner(s) No. 1
DELETED for the Respondent(s) No. 1,10,14,15,16,17,18,4,5,7,9
MR ADITYA DAVDA, AGP for the Respondent(s) No. 19,20
MR ASIM J PANDYA(542) for the Respondent(s) No. 11,12,13,6,8
MR.MANAN BHATT(6535) for the Respondent(s) No. 3
NOTICE SERVED for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
                  Date : 25/09/2023

                               ORAL ORDER

1. Scheme Application No.14 of 1990, Scheme Application No.15 of 1980, Scheme Application No.16 of 1989 and Scheme Application No.17 of 1980 qua Trust - Bai G.N. Mehta Surat Parsi Maternity Hospital, Parsi Surat Charity Fund, Surat Parsi Panchayat Funds and Properties, Surat and Sheth R.D.Tarachand Surat Parsi General Hospital respectively were preferred before the Joint Charity Commissioner, Vadodara for framing the scheme. All four applications were consolidated in Scheme Application No.15 of 1980 by the Joint Charity Commissioner, Vadodara as per order dated 19.01.1985. All four applications has been rejected by Joint Charity Commissioner, Vadodara (as he then was) vide order dated 16.04.1994.

2. Misc. Trust Application No.49 of 1994 was filed under section 72 of the Bombay Public Trust Act before the District Court, Surat

NEUTRAL CITATION

C/SCA/371/2014 ORDER DATED: 25/09/2023

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challenging the common and consolidated judgment passed in all four application by Arechsha Bahadursha Lakdawala and Nosir Burjorji Dordi. The fact further indicates that present petitioner preferred application Exh.51 in the said Misc. Trust Application No.49 of 1994 for joining party. However, as one of the applicant of trust application died, another applicant had withdrawn the application and the District Court, Surat has disposed of Misc. Trust Application No.49 of 1994 without disposing application Exh.51. This has grievanced before this Court by way of present petition.

3. Having considered facts of the case, learned advocate Mr. Arpit Kapadia for the petitioner under instructions seeks permission to withdraw the petition with a liberty to file fresh scheme application before the concerned Charity Commissioner / Joint Charity Commissioner / Assistant Charity Commissioner. The petition is disposed of as withdrawn with above liberty. It is made clear that this Court has not gone into merits of the case. All factual and legal contentions available to both parties are kept open and to be decided by the concerned jurisdictional Charity Commissioner in appropriate proceedings without being influenced by earlier orders or withdrawal of this petition. If such application is filed before the concerned jurisdictional Charity Commissioner, it is expected that it would be heard and decided in expeditious manner.

Direct service is permitted.

(J. C. DOSHI,J) SATISH