Shri. Subhash Prayaglal Jaiswal v. Shri. Rameshsingh Laxmansingh Khagar And Others

Order 2801wp7406.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 7406/2017.

Subhash Prayaglal Jaiswal, Nagpur.

-VERSUSRameshsingh Laxmansingh Khagar and others. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri M.P. Khajanchi, Advocate for the Petitioner. Shri S.D. Abhyankar, Advocate for Respondent No.1. Shri B.H. Shambharkar, Advocate for Respondent No.2. Shri S.M. Uke, Addl.G.P. for Respondent No.3. CORAM : R.K. DESHPANDE & VINAY JOSHI, JJ.

DATE : JANUARY 28, 2019.

Heard.

2.

On last occasion i.e. 18.01.2019, we have passed the following order - "

Heard.

2.

The learned Counsel appearing on behalf of respondent no.1 makes a statement that if any notice is received for calling the meeting, the requirement shall be complied with.

3.

In view of this, the learned Counsel appearing for the petitioner

Order 2801wp7406.17 submits that such notice shall be given by Monday, 21.01.2019 and the action is required to be taken by respondent no.1 within a period of one week. Hence, list this matter for further consideration on 28.01.2019.

4.

Parties to act upon the assurance given to this Court.

3.

Accordingly, we are informed that a notice was issued and meeting has also been held, hence, the petition does not survive. Writ Petition is therefore, disposed of as the grievance raised therein, do not survive any further.

4.

Learned Counsel appearing for respondent no.1 submits that the petitioner has ceased to be the General Secretary of the Society, and therefore, cannot exercise the powers under Clause 10 of the Memorandum of Association.

5.

We are not entering into this controversy, and it shall be open for the Charity Commissioner to adjudicate upon the same, if appropriate proceedings are initiated by the parties.

JUDGE JUDGE Rgd.