Allowed

Milind Gopal Babar and Ors. v. Suvarna Ramesh Malpathak and Ors.

Bombay HC16 Oct 2004WP/7493/2004

Case brief

AI extract

What is this about?

The High Court of Bombay allowed the petitioner-trust to operate a bank account for salary disbursement and limited expenses, directing the Assistant Charity Commissioner to dispose of a pending application under section 41A of the Bombay Public Trusts Act, 1950.

What did the court decide?

Allowed operation of bank account for salaries and monthly expenses; directed disposal of Application No.6 of 2004 within eight weeks.

Milind Gopal Babar and Ors. Vs Suvarna Ramesh Malpathak… — Property and Title | Bombay HC (2004)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶2

 CIVIL APPELLATE JURISDICTION.

¶3

 WRIT PETITION NO.7493 OF 2004

¶4

 1. Shri Milind Gopal Babar and ors. .. Petitioners

¶5

Vs

¶6

 1. Suvarna Ramesh Malpathak and ors. Respondents

¶7

 Mr. P.B.Shah, for the petitioners.

¶8

 Mr Vilas Mali i/b Mr H.E.Palwe, for respondent no.3.

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 Ms N.S. Dopn Theba, for respondent no.5.

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CORAM : D.B.BHOSALE,J.

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DATE : 16th October, 2004.

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PC:

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 1. Heard the learned counsel for the parties.

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 2. This petition is directed against the two orders
 dated 17.7.2004 and 18.8.2004 passed below Exhibits 7
 and 35 respectively. Mr Shah, learned counsel for the
 petitioners, at the outset, submits that he is not
 pressing this petition against the order dated 18.8.2004
 passed below Exhibit-35.

¶15

 3. After having heard the learned counsel for the

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 parties, I am satisfied that the following order will
 meet the ends of justice in so far as the prayers made
 by the petitioner-trust in the application Exhibit-7 is
 concerned.

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 (i) The petitioner-trust is allowed to operate the Bank
 account bearing A/c No.9846 in respondent no.4-Bank only

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 for the purposes of paying salaries of the employees of
 the trust and for withdrawing an amount of Rs.10,000/-
 per month for meeting day-to-day expenses subject to
 condition that the trustees will maintain accounts of
 the said amount and furnish the same to the Assistant
 Charity Commissioner at the end of every month. The
 petitioners will also furnish a list of all the
 employees to the Charity Commissioner. The Charity
 Commissioner shall allow the petitioner-trust to make
 the payment of salaries of the employees and for that
 purpose issue necessary directions to respondent
 no.4-Bank.

¶19

 (ii) The Assistant Charity Commissioner, Nasik Division,
 Nasik shall dispose of Application No.6 of 2004 filed
 under section 41A of the Bombay Public Trusts Act,1950
 as expeditiously as possible and preferably within a
 period of eight weeks from the date of receipt of this
 order. Parties are directed to cooperate disposal of
 the application within the timeframe granted by this
 order.

¶20

 (iii) Liberty to the petitioners to file an application
 before the Assistant charity Commissioner seeking
 appropriate relief as and when they propose to incur
 unavoidable expenditure for any other purpose as
 mentioned in the application. Such application may be
 considered keeping in view the expediency of the

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 proposed expenditure subject to such conditions as the
 Charity Commissioner may deem it necessary.

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 (iv) The petitioners to communicate this order to the
 concerned Assistant Charity Commissioner within two
 weeks from today.

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 . An authenticated copy of this order may be made

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 available to the parties.

¶25

(D.B.BHOSALE, J.)

Milind Gopal Babar and Ors. v. Suvarna Ramesh Malpathak and Ors.

Case brief

What is this about?

What did the court decide?

Milind Gopal Babar and Ors. v. Suvarna Ramesh Malpathak and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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