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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.1113 OF 2021

IN

FIRST APPEAL NO.600 OF 2016 (D)

Chandrakant s/o Jaydevshankar Thakar (Deleted) Jagjeet Singh Gurusharan Singh and ors.

-vs-

Alka Sahani and ors.

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Office notes, Office Memoranda of

Coram, appearances, Court'

s orders

Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

Shri R. L. Khapre, Senior Advocate with Shri M. M. Dhandekar,

Advocate for applicants/appellants.

Shri Anand Parchure, Advocate for respondent No.13.

Ms Radhika Bajaj, Advocate for respondent No.18

CORAM : A. S. CHANDURKAR AND PUSHPA V. GANEDIWALA, JJ.

DATE : June 18, 2021

This application has been filed by the appellants in First

Appeal No.600/2016 that was decided on 27/04/2021. By the

said judgment the proceedings under Section 47 of the

Maharashtra Public Trusts Act, 1951 were remanded for fresh

consideration to the learned Joint Charity Commissioner,

Nagpur. In the application it has been pleaded that the learned

Joint Charity Commissioner, Mumbai who had earlier decided

the proceedings on 19/05/2016 is presently the Joint Charity

Commissioner at Nagpur. One of the grounds of challenge was

that the approach of the said Authority was unjustifiable and

cryptic. Having taken a particular view earlier, the applicants

apprehend that their cause may not be dealt with fairly.

After hearing the learned Senior Advocate for the

applicants we find the apprehension expressed by the applicants

in the application does not have any reasonable basis. No

ground is found to be made out to grant liberty to the applicants

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to move the learned Joint Charity Commissioner for seeking

transfer of the case on such apprehensions.

The Civil Application is therefore rejected.

JUDGE

JUDGE

Asmita