Ishwarprasad Ramkisanaji Agrawal v. Prakash Nainsukh Navlakha And ANR

910-wp-7962-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7962 OF 2024 VASANT ANANDRAO IDHOL Ishwarprasad Ramkisanaji Agrawal

...Petitioner

Versus

Prakash N Navlakha & Anr.

...Respondents

VASANT ANANDRAO IDHOL Date: 2024.06.27 19:11:28 +0530 ....

Mr.Akshay R. Kapadia for the Petitioner.

Ms.V.R. Raje, A.G.P. for Respondent No.2 - State. ....

CORAM

:

AVINASH G. GHAROTE, J.

DATE :

27th JUNE 2024 P.C.

:

1.

Leave to add Maharashtra Fertilisers Pesticides, Seeds Dealers Association as respondent no.3 is granted. The addition be carried out forthwith.

2.

Heard Mr.Kapadia, the learned counsel for the petitioner. The petition questions the order dated 14.2.2024 passed by the Assistant Registrar of Societies, Pune, on the ground that since the Maharashtra Fertilisers Pesticides, Seeds Dealers Association is registered as a Public Trust under the Maharashtra Public Trusts Act, 1950 (MPT Act) to VAI

910-wp-7962-2024.doc demonstrate which the order dated 14.2.2024 by the Assistant Charity Commissioner, Pune under Section 22 of the MPT Act (page 71) is pointed out, the Assistant Registrar of Societies, could not have invoked the jurisdiction under Sections 12 and 12A of the Societies Registration Act. This appears to be a case of concurrent exercise of jurisdiction by two different Authorities under two different statutes, which needs to be resolved, considering which, issue notice for final disposal, returnable on 15.7.2024. Learned AGP waives notice for respondent 2.

(AVINASH G. GHAROTE, J.) VAI