Sana Yusuf Baugwala And ANR. v. Charity Commissioner And ORS.

1/2 RPW/129/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.129 OF 2014 IN WRIT PETITION NO.5157 OF 2007 Mrs Sana Yusuf Baugwala & Anr.

....... Petitioners.

V/s The Charity Commissioner and Ors ..... Respondents.

Mr. Sanjeev M. Gorwadkar i/b Mr. Rohit Pawaskar for the Petitioners.

Mr. M.S. Ansari i/b Mr. Rahimtulla M. Momin for Respondent No.2.

CORAM: V. M. KANADE & ANOOP V. MOHTA, JJ.

DATE: 3rd September, 2015 (In Chamber at 2.35 P.M.) P.C.:- 1.

This Review Petition is filed for recalling the order dated 02/03/2012. By the said order, it is recorded that on the request made by the learned Counsel for the Petitioner, Petition is allowed to be withdrawn.

2.

It is submitted that a group of large number of matters was placed before the Division Bench and inadvertently request was made for withdrawal of this Petition. It is

2/2 RPW/129/2014 submitted that therefore the said order may be recalled and the Petition may be disposed of in terms of the order passed in Writ Petition No.2906 of 2004 which was disposed of by this Court by order dated 21/09/2011. This is vehemently opposed by the learned Counsel appearing on behalf of Respondent No.2. He submitted that the matter was argued and thereafter it was allowed to be withdrawn. 3.

In our view, since it is not disputed that there were large number of matters on that date, it is possible that, by mistake, the statement was made that Petition should be allowed to be withdrawn. Hence, the order dated 02/03/2012 is recalled and the Writ Petition No.5157 of 2007 is now disposed of in terms of the order dated 21/09/2011 passed in Writ Petition No.2906 of 2004.

Review Petition is accordingly disposed of in the aforesaid terms.

(ANOOP V. MOHTA, J.) (V.M. KANADE, J.) CERTIFICATE Certified to be true and correct copy of the original signed Order. BDP-PS