The Letters Patent Appeal praying for intervention before the Charity Commissioner was disposed of based on a joint submission by all parties. The Court expressly kept open the question of law regarding Section 41D of the Bombay Public Trusts Act.
Party permitted to intervene before Chariry Commissioner; matter to be decided expeditiously within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
LETTERS PATENT APPEAL NO. 244 OF 2009
IN WRIT PETITION NO. 5962 OF 2009
Mr. Pankaj Kowli ).. Appellant
Versus
Dr. S.S. Rege, Managing Trustee ) Balmohan Vidyamandir Trust and others ).. Respondents
Mr. A.Y. Sakhare, Senior Advocate, a/w Mr. Sanjeev Kadam i/b. U.M. Jhaveri for the Appellant.
Mr. Prashant Chavan i/b ARA Law for Respondent No.1.
Mr. M.P. Rao a/w Mr. Sandeep Shinde i/b Ms.Reshmanani Nathani for Respondent No.2.
Mr. Rajiv Patil i/b Mr. R.M. Vasudeo for Respondent Nos.3 to 5. Mr. Sagheer Khan a/w Mr. A. Solkar for Respondent No.8.
CORAM : SWATANTER KUMAR, C.J. AND A.M. KHANWILKAR, J. DATED : 29TH SEPTEMBER 2009
P.C.
The learned Counsel appearing for the parties before us
submit that without prejudice to their rights and contentions on merits of the matter pending before the Charity Commissioner or otherwise and without being influenced by the observations made in the order impugned
in the present Letters Patent Appeal, the Appellant herein be permitted to intervene before the Charity Commissioner and he be heard. It is further
agreed that the parties will make a joint request to the Charity Commissioner to expeditiously deal with the matter within the time schedule that has been fixed and in any case not later than three months from today.
CHIEF JUSTICE
A.M. KHANWILKAR, J.
Pankaj Kowli
Dr. S.S. Rege
Balmohan Vidyamandir Trust
Swatanter Kumar
A.M. Khanwilkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
