Surekha H. Patil v. The Honourable Charity Commissioner And 5 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER ORDER (L) NO.400 OF 2018 IN WRIT PETITION (L) NO.99 OF 2018 Surekha H. Patil .. Plaintiff/Petitioner v/s.

The Honourable Charity Commissioner & Ors.

.. Respondents Ms. Sukeshi Bhandari for the petitioner.

Mr. Maneesh Trivedi i/b. LR & Associates for respondent nos.4A to 4D. Mrs. Uma Palsuledesai, AGP, for the State.

CORAM : A. K. MENON, J.

TH FEBRUARY, 2021.

DATED : 17 P.C. :

Called for restoration.

1. The writ petition was rejected by an order of the Prothonotary and Senior Master under Rule 986 of the High Court (Original Side) Rules.

2. Ms. Bhandari seeks restoration of the petition for reasons set out in the affidavit in support of the chamber order. The chamber order was listed before the Prothonotary. However, on account of Digitally signed by Sandhya Wadhwa Date:

2021.02.18 15:23:59 +0530 Sandhya Wadhwa 1/2 5.chol-400-18.doc wadhwa

objections raised by the respondent nos.4A to 4D, the Prothonotary has thought it fit to place it before the Court.

3. Mr. Trivedi on behalf of respondent nos.4A to 4D relies upon an affidavit in reply of one Jehangir A. Wadia in which the objections are to the effect that the facts set out in the petition are distorted, do not reveal the correct state of affairs and that the petitioner has not made out a case for restoration.

4. Having heard the learned counsel for the parties and having perused the affidavit in support and opposition, I am of the view that the petition is liable to be restored. Accordingly, I pass the following order;

(i) Writ petition is restored to file.

(ii) All objections shall be complied within six weeks from today failing which petition shall stand dismissed without further reference to court.

(A. K. MENON, J.) 2/2 5.chol-400-18.doc wadhwa