Balkisan Dhansukh Gadodiya and Others vs Muktilal Gannulalji Paldiwal and Others — Bombay HC (2025) — LawSathi Research

Balkisan Dhansukh Gadodiya and Others vs Muktilal Gannulalji Paldiwal and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of: interim arrangement for management of the trust and its funds (paras 4 and 5 of the order dated 18/10/2024 in Writ Petition No. 2447 of 2023, as modified by para-3 of the order dated 20/12/2024) continued for 45 days from 08/05/2025; applicants/original respondent Nos. 1 and 2 to move the learned Single Judge seized of Writ Petition (St.) No. 9840 of 2025 with an appropriate application seeking directions.

Issue for consideration

Whether the interim arrangement for management of the trust and its funds should be continued, pending the learned Single Judge's decision on the challenge to the dismissal of the appeals before the Joint Charity Commissioner, Amravati.

Court's answer

Since the learned Single Judge is already seized of Writ Petition (St.) No. 9840 of 2025 (the challenge to the dismissal of the appeals), it is appropriate for the applicants/original respondent Nos. 1 and 2 to move the learned Single Judge with an appropriate application seeking directions.

Ratio / Principle

It being the penultimate day before commencement of the vacations, the Court deemed it appropriate to continue the arrangement indicated in paras 4 and 5 of the order dated 18/10/2024 passed in Writ Petition No. 2447 of 2023.

Key takeaways

The arrangement so continued stands as modified by para-3 of the order dated 20/12/2024 and is extended for a period of 45 days from the date of the order (08/05/2025).ratio¶¶17

Detailed headnote1 paragraphs

Civil Application (W) No. 993 of 2025 in Writ Petition No. 2447 of 2023 (D), High Court of Judicature at Bombay, Nagpur Bench (Avinash G. Gharote and Smt. M.S. Jawalkar, JJ.; 08/05/2025): The original respondent Nos. 1 and 2 sought arrangements for management of the trust and its funds, the appeals before the Joint Charity Commissioner, Amravati having been dismissed on 14/02/2025 with a direction to conduct fresh elections amongst the valid members of the trust; the non-applicants/petitioners have challenged that dismissal in Writ Petition (St.) No. 9840 of 2025, pending before the learned Single Judge. Holding that the applicants should move the learned Single Judge already seized of the matter, and it being the penultimate day before the vacations, the Division Bench disposed of the application by continuing the arrangement indicated in paras 4 and 5 of the order dated 18/10/2024 in Writ Petition No. 2447 of 2023, as modified by para-3 of the order dated 20/12/2024, for a period of 45 days.

2025:BHC-NAG:5201-DB

1-caw993.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

CIVIL APPLN. (W) NO. 993 OF 2025 IN

WRIT PETITION NO. 2447 OF 2023 (D) Balkisan Dhansulch Gadodiya, President, Harlalka Education Society and others

-Vs.-

Muktilal Gannulalji Paldiwal and others

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

Mrs.R.S.Shirpurkar, Adv.for the applicants/respondent Nos.1 and 2. Mr.R.L.Khapre, Sr.Adv.a/b Mr. Rohan Joshi, Adv. for the nonapplicants/petitioners

Mr.P.P.Pendke, AGP for the respondents-State.

CORAM : AVINASH G. GHAROTE & SMT.M.S.JAWALKAR, JJ.

DATE : 8^TH MAY, 2025

The present application is filed by the original respondent Nos.1 and 2, for making arrangements, in respect of the management of the trust and its funds on account of the fact, that the appeals filed before the Joint Charity Commissioner, Amravati have all been dismissed on 14/02/2025, by directing the conducting of fresh elections amongst the valid members of the trust. This decision, has been challenged by the non-applicants/petitioners before the learned Single Judge by filing Writ Petition (St.) No.9840 of 2025. Since the learned Single Judge is already seized of the matter, it would be appropriate for the present applicants/respondent Nos.1 and 2 to move the learned Single Judge with an appropriate application seeking

KHUNTE

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directions in that regard. Since this is the penultimate day before the commencement of the vacations, we deem it appropriate to continue the arrangement as indicated in paras-4 and 5 of the order dated 18/10/2024 passed in Writ Petition No.2447 of 2023, as it stands modified by para-3 of the order dated 20/12/2024, for a period of 45 days from today. The application is accordingly disposed of in the above terms.

(SMT.M.S.JAWALKAR, J) (AVINASH G. GHAROTE, J)

Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 26/05/2025 15:34:24 KHUNTE