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2021 Supreme(Bom) 1667

A.S.CHANDURKAR, PUSHPA V.GANEDIWALA
Jagjeet Singh Gurusharan Singh – Appellant
Versus
Alka Sahani – Respondent


Advocates Appeared:
For the Petitioner: R. L. Khapre, M. M. Dhandekar.
For the Respondent: C. S. Kaptan, U. A. Gosavi, N. A. Gaikwad, Anand Parchure, V. V. Bhangde, A. S. Jaiswal, Mrs. Radhika Bajaj, S. Y. Deopujari, A. P. Thakre, S. P. Bhandarkar, Ms. T. Khan.

JUDGMENT :

Pushpa V. Ganediwala, J. -

1. This appeal is directed against the judgment and order dated 19-5-2016 passed by the Joint Charity Commissioner, Mumbai, in Application No. 74/2015 which was filed under section 47 and section 41-A of the Bombay Public Trust Act, 1950 (Now the Maharashtra Public Trusts Act) whereby the learned Joint Charity Commissioner allowed the application and appointed 10 (Ten)Trustees-Administrators and 9 (Nine) Co-opted Administrators of the Trust by the name Vishwa Punarnirman Sangha, Nagpur.

By an Order dated 19-10-2016, the learned Single Judge while hearing this appeal, relied on the Judgment in the case of Vanmala Manoharrao Kamdi vs. Deputy Charity Commissioner , 2012(3) Mh.L.J. 594 which held that orders/directions under section 41-A of the Act of 1950 are administrative in nature, hence directed to place this matter before the Division Bench for appropriate orders on this point. Accordingly, this appeal came to be placed before the Division Bench.

The facts leading to filing of this appeal may be stated as under :

2. Vishwa Punarnirman Sangha, Nagpur (World-Reconstruction Society) is a Trust (hereinafter referred to as-Sangha or Trust), regis

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