Disposed

Shree Dasha Shrimali Vinik Society and 6 Ors. v. the Charity Commissioner and 12 Ors.

Bombay HC2 Apr 2014WP/1010/2014

Case brief

AI extract

What is this about?

The High Court directed the Charity Commissioner to decide the petitioners' application under the Bombay Public Trust Act expeditiously, setting a deadline of May 5, 2014. The court also ordered a two-week stay on implementing any adverse order against a Respondent.

What did the court decide?

Direction to Charity Commissioner to decide application by May 5, 2014. Two-week stay on implementation of adverse order.

Shree Dasha Shrimali Vinik Society and 6 Ors. Vs the… — Service and Employment | Bombay HC (2014)

(WPL 870 of 2014)

VAT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION (L) No. 870 OF 2014

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Shree Dasha Shrimali Vinik Society and Ors. ...Petitioners

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Vs.

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The Charity Commissioner and Ors. ...Respondents

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Mr. Navroz Seervai, Senior Counsel i/b. Advaya Legal for Petitioners Ms. K.H. Mastukar for Respondent Nos.2 and 3

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Mr.Nishant Sasidharan a/w. Jinal Gogai i/b. Maniar Srivastava Associates for Respondent No.4

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Mr.K.G. Mhatre i/b. Mhatre and Associates for Respondent Nos.5 to 13.

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CORAM : V. M. KANADE &

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A.K. MENON, JJ.

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DATE : APRIL 2, 2014

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P.C.

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By this petition, which is filed under Article 226 of the Constitution of India, the Petitioners are seeking an appropriate writ order and direction, directing the Charity Commissioner to decide their application which is filed by them under section 36 A (3) of the Bombay Public Trust Act, 1950 as expeditiously as possible.

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Since this is the only relief claimed by the learned Senior Counsel appearing on behalf of the Petitioners, at this stage, we are of the view that the petition can be conveniently disposed of by

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(WPL 870 of 2014)

giving a direction to the said Charity Commissioner. The learned counsel appearing on behalf of Respondent No.4 also does not have any objection if the said direction is given. The learned Senior Counsel Shri Seervai has invited our attention to an order passed by the Division Bench of this Court in Writ Petition No. 2432 of 2013 dated 1^st October, 2013. He submitted that by the said order, the Charity Commissioner was directed to hear the said application expeditiously. It is submitted that the said application is still pending since the Charity Commissioner, who was hearing the said matter, has been transferred and now a new Charity Commissioner has been appointed on 28^th /29^th March, 2014.

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Since the learned counsel appearing on behalf of the Respondent No.4 does not have any objection and even otherwise, we are of the view that in view of the specific direction given by the Division Bench of this Court by order dated 1^st October, 2013, it would be appropriate to direct the Charity Commissioner to decide this application expeditiously and, in any case, on or before 5^th May, 2014. The Charity Commissioner shall ensure that the said application is decided before that date. If an adverse order is passed against Respondent No.4, the said order shall not be implemented for a period of two weeks from the date of that order. With these directions, writ petition is disposed of.

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[A.K. MENON, J.] [V. M. KANADE, J.]

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VAISHALI TIKAM

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Shree Dasha Shrimali Vinik Society and 6 Ors. v. the Charity Commissioner and 12 Ors.

Case brief

What is this about?

What did the court decide?

Shree Dasha Shrimali Vinik Society and 6 Ors. v. the Charity Commissioner and 12 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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