79.WPNo.84922022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 8492 OF 2022

Kishor K. Mehta & Anr.

…

Petitioners

Versus

Rekha H. Sheth & Ors.

…

Respondents

Mr. Karl Tamboli a/w. Mr. Malclom Shinganporia i/b. Dua

Associates, Advocate for the Petitioners.

Mr. Dhirendra Sinha and Mr. Animesh Singh, Advocates for

the Respondent Nos.1,4,5,7 and 8.

CORAM:

S.V. GANGAPURWALA &

MADHAV J. JAMDAR, JJ.

DATED :

AUGUST 22, 2022

P.C.

1.

The petitioner is challenging the order passed below

Exhibit 21. The present petitioner, it appears that, had fled

an application under Section 41E of the Maharashtra Public

Trust Act, 1950 for restraining the present respondents

from taking any decision in respect of expenditure from the

trust funds. It is submitted that hearing of the application

under Section 41E of the Maharashtra Public Trust Act,

1950 has been concluded and the same is reserved for the

orders today.

2.

In view of that, at present, we are not inclined to

consider the challenge to the interlocutory order passed

below Exhibit 21. The parties may take further steps either

to assail or implement the order passed under Section 41E

of the Maharashtra Public Trust Act, 1950.

Gaikwad RD

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79.WPNo.84922022.doc

3.

In case the order is passed against the petitioner, the

petitioner will have every opportunity to challenge the

order passed under Section 41E of the Maharashtra Public

Trust Act, 1950 including the interlocutory orders passed.

In that event, all contentions are kept open.

4.

With the aforesaid observations, the writ petition is

disposed of. No costs.

(MADHAV J. JAMDAR, J.) (S.V. GANGAPURWALA, J.)

Gaikwad RD

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RAJU

DATTATRAYA

GAIKWAD

Digitally

signed by

RAJU

DATTATRAYA

GAIKWAD

Date:

2022.08.23

19:57:36

+0530