Civil Application regarding constitution of a Trust. Court found no interference warranted under Art 226 at this stage. Application rejected; liberty to seek alternate remedies declared.
The Application is rejected. Liberty to resort to alternate remedies as permissible in law is granted.
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ca699.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO.699 OF 2012 IN
WRIT PETITION NO.762 OF 2011
Prashant Subhash Desarda,
R/o-Surana Nagar,
Aurangabad.
...APPLICANT.
VERSUS
1) The State of Maharashtra, Through Department of Law & Judiciary, Mantralaya, Mumbai 400 032 and others....RESPONDENTS.
...
Shri. A.S. Bajaj Advocate h/f. Shri. D.P.
Palodkar Advocate for Applicant.
Shri. V.B. Ghatge, A.G.P. for Respondent
Nos. 1 and 2.
Shri. V.D. Hon Advocate h/f. Shri. C.A.
Jadhav Advocate for Respondent No. 3.
Shri. P.R. Patil Advocate for Respondent
Nos. 4 and 5.
Shri. D.L. Khivsara Advocate for the
Intervenors.
...
ca699.12
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CORAM: NARESH H. PATIL AND
T.V. NALAWADE, JJ.
DATE : 23RD JANUARY, 2012.
PER COURT :
1.Heard learned counsel appearing for the
respective parties.
2.Shri. Bajaj, learned counsel appearing
for the Applicant submits that Respondent No.5 -
Secretary issued notice calling meeting on 23rd
January, 2012, wherein one of the subject is
relating to the constitution of the Trust.
3.After hearing the learned counsel, we are
of the view that in the facts of the case, no
interference is warranted at this stage, in
exercise of our extra ordinary writ jurisdiction
under Article 226 of the Constitution of India.
The Application is rejected. The Applicant is at
liberty to resort to alternate remedies as
ca699.12
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permissible in law.
4.It is clarified that this Court has not
expressed any opinion on the issue raised in the
Application.
[T.V. NALAWADE,J.] [NARESH H. PATIL,J.]
asb/JAN12
2 issues framed by the court
Whether interference is warranted in a case relating to the constitution of a Trust at this stage.
Whether the extra ordinary writ jurisdiction under Article 226 of the Constitution of India can be exercised.
Colour shows how this judgement treated each authority
Article 226 of the Constitution of IndiaFollowed¶21
1 provisions across 1 enactments
Prashant Subhash Desarda
The State of Maharashtra, Through Department of Law & Judiciary
NARESH H. PATIL
T.V. NALAWADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court