Disposed¶20

Naresh K. Mehta v. The Honorable James Sevel White Eurapean

Bombay HC11 Nov 2025IA/3902/2025

Case brief

AI extract

What is this about?

Maharashtra Public Trusts Act 1950; Section 50A(1); power to frame, amalgamate or modify scheme; Charity Commissioner; Deputy Charity Commissioner affidavit 24-12-2024; Seth Muljibhai Madhavdas Dharmashala Charity Trust; Suit No. 173 of 1872; scheme framed 1876 / 8 February 1976; Bombay High Court O.O.C.J.; interim application disposed with direction to Charity Commissioner.

What did the court decide?

Direction to the Charity Commissioner to decide the Application filed or to be filed by the Applicant to modify the scheme framed in the year 1876 under Section 50A(1) of the Maharashtra Public Trusts Act, 1950; the Interim Application stands allowed and disposed accordingly. ¶20

Naresh K. Mehta vs The Honorable James Sevel White Eurapean — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Interim Application seeking modification of the scheme framed in Suit No. 173 of 1872 may be disposed of with a direction to the Charity Commissioner to consider/decide the Applicant's modification application under Section 50A(1) of the Maharashtra Public Trusts Act, 1950.

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Court's answer

In view of the affidavit dated 24th December, 2024 of the Deputy Charity Commissioner and the law on the subject, the Court disposes of the Interim Application with a direction to the Charity Commissioner to decide the Application filed or that would be filed by the Applicant to modify the scheme framed in the year 1876 under Section 50A(1) of the Maharashtra Public Trusts Act, 1950; the Interim Application accordingly stands allowed and disposed.

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Detailed headnote1 paragraphs

Bombay High Court (O.O.C.J.), Abhay Ahuja, J. — Interim Application No. 3902 of 2025 in Suit No. 173 of 1872: Seth Muljibhai Madhavdas Dharmashala Charity Trust through Trustees sought modification of the scheme framed in the suit. After the Deputy Charity Commissioner's affidavit dated 24 December 2024 (Respondent No. 2) was taken on record — pursuant to which it was submitted that the Assistant/Deputy Charity Commissioner has power under Section 50A(1) of the Maharashtra Public Trusts Act, 1950 to frame, amalgamate or modify schemes — and with the Applicants submitting to the Court's orders, the Court disposed of the Interim Application with a direction to the Charity Commissioner to decide the Applicants' application (filed or to be filed) to modify the scheme framed in the year 1876 under Section 50A(1) of the Maharashtra Public Trusts Act, 1950. The Interim Application accordingly stands allowed and disposed.

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IA 3902-25 in S 173-1872.doc

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

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INTERIM APPLICATION NO. 3902 OF 2025

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SUIT NO. 173 OF 1872

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Seth Muljibhai Madhavdas Dharmashala Charity Trust through Trustees	...Applicants
In the matter between
The Honorable James Sewell White European Vs.	...Plaintiff
Gopaldas Madowdas of Bombay Hindoo Inhabitant And	...Defendants
The State of Maharashtra and Anr.	...Respondents

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Mr. Ravi Kumar Mishra with Mr. Maneesh Mishra for the Applicants. Mr. Himanshu B. Takke, AGP for the State-Respondents No. 1 and 2.

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CORAM DATE	: ABHAY AHUJA, J. : 11^thNOVEMBER, 2025

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P.C. :

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This matter was kept back in the morning session as Mr. Takke, learned AGP appearing for the State had sought some time to obtain the signed affidavit-in-reply on behalf of the Respondent No.2.

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When the matter is called out in the afternoon session, Mr. Takke, tenders across the bar affidavit dated 24^th December, 2024, of the Deputy Charity Commissioner and submits that this Interim Application can be disposed of in view of the said reply, as the Assistant or Deputy Charity Commissioner has the power under Section 50A(1) of the Maharashtra Public Trusts Act, 1950 to frame, amalgamate or modify

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Nikita Gadgil 1/3

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IA 3902-25 in S 173-1872.doc

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the schemes. The affidavit on behalf of the Respondent No.2 is taken on record.

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Mr. Takke submits that since this Interim Application seeks modification of the scheme which was framed on 8^th February, 1976 in Suit No. 173 of 1872, this Court may dispose the Interim Application with a direction to the Charity Commissioner to consider the application for modification of the scheme under Section 50A(1) of the Maharashtra Public Trusts Act, 1950.

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Mr. Mishra, learned Counsel appearing for the Applicant submits to the orders of this Court in view of the submissions made by the learned AGP.

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Having heard the learned Counsel for the Applicant as well as the learned AGP for the State, in view of what has been stated in the affidavit dated 24^th December, 2024 and the law on the subject, this Court disposes of the Interim Application with a direction to the Charity Commissioner to decide the Application filed or that would be filed on behalf of the Applicant to modify the scheme framed in the year 1876 under Section 50A(1) of the Maharashtra Public Trusts Act, 1950.

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Nikita Gadgil 2/3

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