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Bombay High CourtWP/3279/2016withdrawn

Takhatmal Shreevallabh Charitable Trust Amravati Thr. Nominee Sharang S/O Shrirang Chandak v. Mohini Homeo And Charitable Society Amravati Thr. Secretary Rajesh S/O Hukumichandji Heda And Anoth

2019-10-11Hon'Ble Shri Justice Rohit Baban Deo2 pages

3 wp3279.16.doc 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION 3279 OF 2016 Takhatmal Shreevallabh Charitable Trust, through its Nominee

Versus

Mohini Homeo and Charitable Society, through its Secretary and another. ----------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

----------------------------------------------------------------------------------------------------------------------------------------- Shri R.D. Wakode, counsel for petitioner.

Shri A.H. Lohiya, counsel for respondent 1.

Shri S.P. Deshpande, counsel respondent 2.

CORAM: ROHIT B. DEO, J.

DATE: 11.10.2019.

I was not inclined to entertain the petition in which the decision of respondent 1/public trust not to treat the petitioner, which is also a public trust, as a member with voting right, is assailed.

2.

In my considered view, the petition is not maintainable against such decision.

3.

The learned counsel for the petitioner Shri R.D. Wakode, on instructions, seeks leave to withdraw the petition with liberty to take such steps and to approach such forum as is available to the petitioner in law.

4.

Every contention raised in this petition and in rebuttal, is kept expressly open.

5.

The interim order dated 17.06.2016 shall continue for

3 wp3279.16.doc 2 fifteen days. It is made clear that continuation of the interim order shall not influence the authority or forum before which the petitioner may seek interim order. If any interim relief is sought, the same shall be considered strictly on its own merit without being influenced by the fact that this Court has continued the interim order for two weeks.

JUDGE RKN