← Library
Bombay High CourtWP/9398/2017rule made absolute

Mr. Nachiket Nilkanth Joshi v. Bharat Shikshan Mandal And ORS.

2018-05-04Hon'Ble Shri Justice R.D. Dhanuka2 pages

915-wp9398-17 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9398 OF 2017 Nachiket N. Joshi

...Petitioner

V/s.

Bharat S. Mandal & Ors.

...Respondents

Mr.S.M. Oak i/b Mr.Sagar A. Joshi for the Petitioner. Mr.M.S. Lagu for the Respondent No.1.

Mr.S.D. Rayrikar, A.G.P. for the State - Respondent. CORAM : R.D. DHANUKA, J.

DATE : 4TH MAY, 2018.

P.C. :- 1.

Learned counsel appearing for the petitioner states that his client would withdraw the appeal against the impugned order filed before the Joint Charity Commissioner, Kolhapur. The statement is accepted.

2.

Mr.Rayrikar, learned A.G.P. states that the election can be held and completed within eight weeks from today. The statement is accepted. The election of the trust shall be held by the respondent no.1 within a period of eight weeks from today. In view of the statements made by the learned counsel for the petitioner and the learned A.G.P., the impugned order dated 13th April, 2017 passed by 1/2

915-wp9398-17 the learned Joint Charity Commissioner in Appeal No.11 of 2017 is set aside. The Care Taker appointed by the learned Joint Charity Commissioner shall hand over charge to the present trustees of the respondent no.1. The present trustees of the respondent no.1 shall manage the respondent no.1 trust till the fresh elections are held within the time prescribed. The trustees however, shall not take any major decisions during this period.

3.

Rule is made absolute in aforesaid terms. There shall be no order as to costs.

4.

All the parties as well as the learned Care Taker to act on the authenticated copy of this order.

(R.D. DHANUKA, J.) 2/2