Gujarat High Court
Virajkumari A. Jadeja vs Joint Charity Commissioner, Surat on 5 February, 2024
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/126/2024 ORDER DATED: 05/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 126 of 2024
In
R/SPECIAL CIVIL APPLICATION NO. 8311 of 2022
With
CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1 of 2023
In
R/LETTERS PATENT APPEAL NO. 126 of 2024
With
CIVIL APPLICATION (FOR PRODUCTION OF ADDITIONAL EVIDENCES)
NO. 2 of 2023
In
R/LETTERS PATENT APPEAL NO. 126 of 2024
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VIRAJKUMARI A. JADEJA
Versus
JOINT CHARITY COMMISSIONER, SURAT
==========================================================
Appearance:
MR DIGANT B KAKKAD(6523) for the Appellant(s) No. 1
for the Respondent(s) No. 1,2
MS KRUTI SHAH for MR JAY N SHAH(10668) for the Respondent(s) No.
3,4,5,6,7
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 05/02/2024
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL)
ORDER IN CIVIL APPLICATION (FOR CONDONATION OF
DELAY) NO. 1 of 2023:
1. Heard the learned advocates for the parties.
2. Having gone through the averments made in the delay
condonation application, we find that the delay in filing the
appeal has been explained to the satisfaction of the Court.
NEUTRAL CITATION
C/LPA/126/2024 ORDER DATED: 05/02/2024
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3. Hence, the delay is condoned. The application is
ALLOWED. Rule is made absolute accordingly.
ORDER IN LETTERS PATENT APPEAL:
1. The instant Letters Patent Appeal is directed against the
judgment and order dated 30.11.2022 whereby the learned
Single Judge has modified the ex-parte interim order dated
29.10.2021 passed by the Joint Charity Commissioner, Surat in
the proceedings under Section 41A of the Bombay Public Trusts
Act, 1950 (Gujarat Public Trusts Act, 1950), initiated by the
appellant herein.
2. The appellant herein along with the respondent No.2 in
the writ petition had preferred an application under Section 41A
of the Trusts Act, 1950, on the allegation that the petitioners
trustees were mismanaging the affairs of the Trust. The learned
Single Judge has noted that the direction to freeze the accounts
of the Trust by way of an ex-parte interim order dated
29.10.2021 has resulted in paralyzing the financial and
administrative functioning of the Trust, which is being run for
the benefits of the Adivasis. The direction has, thus, been issued
that the petitioners be permitted to operate the bank accounts
on a condition that the account statement shall be furnished
every week with the details required thereunder to a competent
officer appointed by the Collector and/or the Joint Charity
Commissioner. It was further noted that the hearing of the
NEUTRAL CITATION
C/LPA/126/2024 ORDER DATED: 05/02/2024
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main application was scheduled on 9.12.2022 and, therefore,
direction was issued to the Charity Commissioner, Surat to hear
the application, viz. Misc. Application No.14 of 2021, on the said
date or any convenient date with the direction that the parties
shall cooperate in the proceedings. It was further observed that
pending the hearing, the arrangements mentioned herein-above
shall operate. The direction was also issued to the Joint Charity
Commissioner to decide the application as expeditiously as
possible, preferably within a period of six months from the date
of receipt of the copy of this order.
3. At the outset, it was pointed out by the learned counsel for
the original petitioners / respondents herein that because of the
pendency of the instant appeal, the hearing before the Charity
Commissioner, Surat has been withheld; more than one year has
passed and the matter has not been proceeded further. From
the record, we may note that after institution of the instant
appeal in the month of June 2023, it has not been proceeded
further. Be that as it may, having noted the fact that on the
application filed under Section 41A at the instance of the
petitioners and another person, an ex-parte interim order was
passed freezing the accounts of the Trust, on the mere
allegation of misappropriation of the finances of the Trust by
one of the trustees, by misusing the letter-head, we do not find
it a fit case to interfere. We further find that the allegations
made in the application under Section 41A were required to be
verified by the Charity Commissioner before proceeding to
NEUTRAL CITATION
C/LPA/126/2024 ORDER DATED: 05/02/2024
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order for freezing of the accounts of the Trust which obviously
has resulted in paralyzing the functioning of the Trust.
4. For the aforesaid, we do not find any error in the order
passed by the learned Single Judge. The appeal is liable to be
dismissed. Accordingly, it is DISMISSED. It is further directed
that the Charity Commissioner shall proceed with the Misc.
Application No.14 of 2021 filed under Section 41A of the Trusts
Act, 1950, as expeditiously as possible, and make an endeavour
to decide the same preferably within a period of FOUR
MONTHS from today. Both the parties are directed to cooperate
in the proceedings before the Charity Commissioner and in case
of any non-cooperation of any of the parties, it would be open
for the Charity Commissioner to proceed in their absence, in
accordance with law. Connected Civil Application stands
DISPOSED OF.
Sd/-
(SUNITA AGARWAL, CJ )
Sd/-
(ANIRUDDHA P. MAYEE, J.)
OMKAR
