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2009 Supreme(Bom) 287

BILAL NAZKI, A.R.JOSHI
Vijay K. Mehta – Appellant
Versus
Charu K. Mehta – Respondent


Advocates appeared:
For the Appellants:Iqbal Chagla, Sr. Advocate with Sanjay Jain, Kunal Vajani, i/by M/s. Wadia Ghandy & Co., Advocates. For the Respondents:R1, Aspi Chinoy, Sr. Counsel with Raj Patel, Ms. Hetal Thakore, Razvi Nazir i/by M/s. Thakore Jariwala & Assocaites, Mahesh Jethmalani, Sr. Advocate with Nazir Razvi i/by M/s. Thakore Jariwala & Assocaites, R2, Hari Aney, Sr. Advocate with Pratik Sakseria, Ms. Jyoti Shah i/by M/s. D. Darashah & Co., R3, Subhash Zha i/by Dinesh Tiwari and Ms. Sneha, R9 to R11, Pranav Badhekar, Sr. Advocate with Shane Sapeco i/by M/s. Hariani & Co., R12 to R14, Jay Kansara i/by M/s. Paras Kuhad & Associates, Advocates.

Judgment :-

Bilal Nazki, J.

When both these matters were taken up, the learned Senior Counsel appearing for the respondents raised a preliminary objection about the maintainability of the appeals and, therefore, prayed that the preliminary objections be decided without going into the merits of the appeals. Therefore, the matters were heard only on preliminary objection.

2. The Joint Charity Commissioner's order dated 23rd July, 2008 has been challenged in the writ petitions. These petitions came to be heard by the learned Single Judge of this Court and the learned Single Judge allowed the petitions partly. The learned Single Judge did not quash the order of the Charity Commissioner but directed that the first paragraph of the impugned decision would read as:

"Respondent nos.1 to 9, the trustees shall not take any policy decision and shall not enter into any financial transaction with regard to the trust without prior approval of the CC till further orders.”

3. The objection taken to the maintainability of these appeals is that since the writ petitions were filed under Article 227 of the Constitution of India, no appeal in terms of Letters Patent would lie to a Division Bench of t















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