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2022 Supreme(Bom) 701

ABHAY AHUJA
Sanket Janardan Bhase – Appellant
Versus
Assistant Charity Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Niranjan Bhavake.
For the Respondents: V.S. Nimalkar, Satish Muley.

JUDGMENT :

ABHAY AHUJA, J.

1. By this Petition, Petitioner is challenging the order dated 8th April, 2022 passed by the Respondent No. 1- the Assistant Charity Commissioner, Greater Mumbai Region, Mumbai in an application (Exh.38) for permitting him to lead oral evidence in support of his application under Section 73A of the Maharashtra Public Trust Act, 1950 (“MPT Act”). The Assistant Charity Commissioner rejected the application and therefore, Petitioner is before this Court.

2. It is the contention of the Petitioner that he is a person having interest as defined under Section 2(10) of the MPT Act and as such pursuant to the section 73A, he ought to be joined as party to the proceedings before the Charity Commissioner. The proceedings before the Charity Commissioner relate to change report no. 1803/2011, with respect to the Respondent No. 2-Trust viz. Kokan Gyanpeeth, filed by the Respondent No. 3, who is the reporting trustee. Petitioner submits that the Respondent No. 3 had, in the year 2011 filed an application for change report no. 1803/2011 before the Respondent No. 1-Charity Commissioner for addition of his name as trustee, but till date no decision has been taken on the said

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