Disposed

Shrikant Pankaj v. Charity Commissioner of Mumbai and Ors.

Bombay HC21 Sept 2023WP/11877/2023

Case brief

AI extract

What is this about?

Writ petition allowed granting leave to amend the prayer to direct a lower authority to decide an application before an election date. The petition is disposed of on interlocutory terms without examining merits.

What did the court decide?

Leave to amend prayer granted. Direction issued to Assistant Charity Commissioner to decide Application No.47 of 2023 or interim stay by 22.09.2023.

Shrikant Pankaj Vs Charity Commissioner… — Constitutional and Fundamental Rights | Bombay HC (2023)

¶1

904-wp-11877-2023.doc

¶2

Sonali

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶4

WRIT PETITION NO.11877 OF 2023

¶5

Shrikant Pankaj...Petitioner
 Versus
Charity Commissioner of Mumbai & Ors. ...Respondents

¶6

Mr. R. D. Soni a/w. Mr. Sujay Gawade and Ms. Mudita Pawar i/b. Shree &
Co., for the Petitioner.

¶7

Mr. Sanjay D. Rayrikar, AGP, for the State/Respondent Nos.1, 2 and 11.

¶8

Mr. Atul Damle, Senior Counsel a/w. Mr. Mahesh Pol, for Respondent
Nos.3 to 7.

¶9

CORAM : MADHAV J. JAMDAR, J. DATED : 21^st SEPTEMBER 2023

¶10

P.C. :

¶11

1.At the outset, Mr. Soni, learned counsel appearing for the

¶12

Petitioner seeks leave to modify the prayers and also to delete certain

¶13

prayers. Accordingly, leave to amend is granted. Amendment be

¶14

carried out forthwith. The amended prayer reads as under:-

¶15

“(a) This Hon’ble Court may be pleased to issue
directions to the Ld. Asst. Charity Commissioner (No.5),
Office of the Charity Commissioner Mumbai Maharashtra
to hear and decide the Application No.47 of 2023 or the
application for stay therein on or before 22.09.2023
since the election to Executive Committee of the
Respondent No.3 trust is scheduled on 24.09.2023.”

¶16

2. Therefore, only prayer which is sought is disposal of

¶17

Application No.47 of 2023 or Interim Application filed therein

¶18

1/2

¶19

904-wp-11877-2023.doc

¶20

Sonali

¶21

pending before the learned Assistant Charity Commissioner within a
time bound manner.

¶22

3.Mr. Damle, learned Senior Counsel appearing for Respondent
Nos.3 to 7 has no objection if main Application bearing No.47 of
2023 or the Interim Application filed therein is decided by 22nd
September 2023.

¶23

4.As the election of the Executive Committee of Respondent
No.3-Bombay Malayalee Samajam is scheduled on 24th September
2023, learned Assistant Charity Commissioner is requested to either
dispose of the main Application bearing No.47 of 2023 or Interim
Application for stay therein on or before 22nd September 2023.

¶24

5.Mr. Rayrikar, learned AGP is requested to communicate this
order immediately to concerned learned Assistant Charity
Commissioner.

¶25

6. It is clarified that this Court has not examined the merits of the

¶26

case and the contentions of all contesting parties on merits are
expressly kept open.

¶27

7. Accordingly, the Writ Petition is disposed of in above terms with no order as to costs.

¶28

 [MADHAV J. JAMDAR, J.]

¶29

2/2

Shrikant Pankaj v. Charity Commissioner of Mumbai and Ors.

Case brief

What is this about?

What did the court decide?

Shrikant Pankaj v. Charity Commissioner of Mumbai and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mr. Venkata Siva and Anr. Vs the State of Maharashtra Thru Dept. the Minister for Co-Operative and Textiles and Ors.

Vgs Realty Construction Pvt. Ltd. Vs State of Maharashtra Thr Government Pleader and Ors.

Samadhan Shivaji Gore Vs the Collector Solapur and Ors.

Premier Textile Processors vs Shree Naman Developers Pvt. Ltd.

East and West Builders vs State of Maharashtra

The Commercial Co-Op Bank Ltd. Thr. Anil Anantrao Nagarale Vs Sanjay Appasaheb Swami and Ors.