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2010 Supreme(Bom) 15

D.B.BHOSALE
Charu K. Mehta – Appellant
Versus
Chetan P. Mehta – Respondent


Advocates appeared:
For the Petitioner:V.B. Naik, Advocate, a/w Raj Patel, H.N. Thakare & Pranav Sampat i/b M/s Thakur Jariwala & Associates Advocates. For the Respondents:R1, S.U.Kamdar, Senior Counsel, a/w Prateek Seksaria & A Chaturvedi and Ashwin Sakalkar, i/b M/s Paras Kuhad & Associates Advocates. R2 & R3, M.S. Bane, “B” Panel AGP.

Judgment :

1. This writ petition under Articles 226 and 227 of the Constitution of India is directed against the order dated 18.11.2009 passed by the Charity Commissioner, Maharashtra State, Mumbai, on the application at Exhibit-3 in Application No.40 of 2009. Application No.40 of 2009 is filed by the petitioner under rule 36 (ii) (iii) of the Bombay Public Trusts Rules (for short, “the Rules”), seeking transfer of an application, being Application No.15 of 2008, instituted by respondent no.1 under section 41-D of the Bombay Public Trusts Act,1950 (for short, “the Act”). During pendency of this application (No.40 of 2009), the petitioner filed an application at Exhibit-3 for stay of the Application No.15 of 2008. By the impugned order, the Charity Commissioner has rejected the prayer for stay and hence this petition.

2. Respondent no.1 has filed the Application No.15 of 2008, under section 41-D of the Act seeking suspension/removal of the petitioner as a trustee of the Trust known as “Lilavati Medical Trust”. Respondent No.1 has also filed Exhibit-2 application seeking interim order of suspension against the petitioner, pending hearing and final disposal of the application No.15 of















































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