Avinash S/O Ganpatrao Shegaonkar v. Shri Sai Seva Mandal, Nagpur Through Its President, Shri Vijay Bhoyar And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR WRIT PETITION NO.5051 OF 2015 Avinash S/o Ganpatrao Shegaonkar ..vs..

Shri Sai Seva Mandal and anr ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri S.D. Abhyankar, Counsel for the Petitioner. Shri N.G. Dhoble, Counsel for R-1.

Shri J.Y. Gurdey, AGP for R-2.

CORAM

: B.P. DHARMADHIKARI & V.M. DESHPANDE, JJ.

DATED : FEBRUARY 10, 2016.

Heard.

We have heard respective learned counsel for the parties on 2.2.2016 and passed a speaking order. Learned counsel Shri N.G. Dhoble for respondent No.1/present President Shri Yadav, has filed a pursis signed by Shri Yadav on 9.2.2016 giving no objection for special audit at the hands of the Government Auditors.

Learned counsel Shri N.G. Dhoble submits that similar pursis was also filed earlier vide Stamp No.1872 of 2016 when orders were passed by this Court .....2/-

on 2.2.2016. He submits that on said pursis Stamp No.1872 of 2016 erroneously date 9.2.2016 appears. Pursis dated 9.2.2016 signed by Shri Yadav and learned counsel Shri N.G. Dhoble filed today is taken on record and marked as "Exh.X" for identification. Learned AGP is seeking time to obtain instructions.

Learned counsel for the petitioner Shri S.D.

Abhyankar reiterates the stand of the petitioner. According him, the petitioner is ready and willing to bear the expenditure subject to stipulation as recorded by this Court in its order dated 2.2.2016.

As the audit appears to be called for in the interest of public trust and both President and Secretary are in its favour, we allow prayer therefor and direct respondent No.2 to nominate Auditor for the said purpose. The charges for such audit work shall be determined initially on approximation and the petitioner shall deposit that amount with the office of the Joint Charity Commissioner.

After the amount is so deposited, the said .....3/-

Auditor shall attempt to complete the work of audit at the earliest.

With these directions and without observing anything on merit of the matter, in terms of order passed today and on 2.2.2016, we dispose of the writ petition. No costs.

JUDGE JUDGE !! BRW !!

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