Prashant Mehta And ORS Trustees Of Lilavati Kirtilal Mehta Medical Trust v. Bhavin Mehta And ORS

24-WP-9456-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9456 OF 2024 Prashant Mehta And Ors Trustees Of Lilavati Kirtilal Mehta Medical Trust

...Petitioner

Versus

Bhavin Mehta And Ors

...Respondents

....

Mr. Mohammed Asim, for the Petitioner.

Ms. A. A. Nadkarni, A.G.P. for the Respondent - State. Adv. Siddhant Dhavale i/by MZM Legal LLP, for the Respondent No. 1 ....

CORAM

:

AVINASH G. GHAROTE, J.

DATE :

9th JULY 2024 P.C.

:

1.

The Appeal No. 245 of 2023, is in relation to Change Report of the year 2010, which change report has been rejected by the Assistant Charity Commissioner, by Order dated 14.12.2023, which is challenged in appeal no. 245 of 2023. An Application for impleadment has been filed by the present TALLE SHUBHAM ASHOKRAO petitioner in this appeal in which the Charity Commissioner has TALLE SHUBHAM ASHOKRAO Date: 2024.07.09 19:25:45 +0530 directed placing on record copies of the Resolution dated 11.05.2024 and 20.12.2023, based on which the petitioners are Shubham Talle

24-WP-9456-2024.doc seeking impleadment as respondents in the appeal. 2.

Learned counsel for the petitioner on a query by the court admits that the petitioner has never participated in the election of the 2010 which would indicate, that he has no concern with the same. Before impleadment, it is necessary for the Charity Commissioner, to satisfy himself, as to the necessity of impleadment and in what manner, the presence of the party seeking impleadment, would assist him in deciding the appeal. The impleadment, is not merely for the sake of asking. The impugned order therefore, is a step-in-aid to such satisfaction. 3.

I therefore do not see a reason to interfere in the same. The petition is therefore dismissed. No Order as to costs. (AVINASH G. GHAROTE, J.) Shubham Talle