Arti Sanjeev Mahajan v. Sanobar Salamat Irani And ORS.

33-FA-54-24+.doc.

Sayali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 429 OF 2024 Arti Sanjeev Mahajan ..Appellant Vs.

Sanobar Salamat Irani and Others ..Respondents Mr. A. Mehta with Ms. Sakina Electricwala i/b Dhruve Liladhar and Co., SAYALI DEEPAK UPASANI for Appellant.

Mr. Anurag Mishra i/b Avinav Rau, for Respondent Nos. 1, 2 and 3. SAYALI DEEPAK UPASANI Date: 2024.05.10 14:53:12 +0530 CORAM : KISHORE C. SANT, J.

DATE : 9th MAY, 2024 P.C.

1) This Court has already passed elaborate order on 17th January, 2024. It is noted that the inquiry under Section 18 of the Maharashtra Public Trust Act, 1950 is pending before the Assistant Charity Commissioner, Pune. It was expected of the authority to dispose of the said proceeding at the earliest. It is informed that even now the said inquiry is not completed. The learned Assistant Charity Commissioner is, therefore, directed to complete the inquiry at the earliest and in any case before 31st October, 2024. Needless to say

33-FA-54-24+.doc.

that he shall proceed with the matter without being influenced by the order passed by the Jt. Assistant Charity Commissioner, Pune in Application No. 41 of 2021.

2) It is further expressed by Respondent Nos. 1, 2 and 3 that this Court has granted stay to the order passed by the Jt. Assistant Charity Commissioner, Pune in the said Application No. 41 of 2021. There is a stay in Clause No. 3 in respect of Entry in Schedule - I. Even if the Application under section 18 is allowed, the action will not be taken because of the stay granted by this Court. It is made clear that the order dated 17th January, 2024 is only ad-interim order the same will not come in the way the Application No. 41 of 2021 before the Assistant Charity Commissioner if allowed. There shall be no stay for Entry to be taken on the basis of the said proceeding. 3) Interim Application stands disposed.

[KISHORE C. SANT, J.]