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Bombay High CourtIA/11046/2024allowed

Pandurang P. Kudtarkar And ORS. v. Maharashtra Housing And Area Development Authority And ANR

2025-05-09Hon'Ble Justice Sharmila U. Deshmukh2 pages

119-IA-11046-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11046 OF 2024.

IN FIRST APPEAL NO. 120 OF 2003.

Pandurang P. Kudtarkar And Ors.

...Applicants Digitally signed by TALLE SHUBHAM ASHOKRAO Date:

2025.05.14 10:33:05 +0530

IN THE MATTER BETWEEN

TALLE SHUBHAM ASHOKRAO Shri. Mahadeo Yashwant Waghmare & Ors.

... Appellants.

Versus

Maharashtra Housing And Area Development Authority And Anr

...Respondents

------ Mr. Pawar Tiwari i/by Mr. Shantanu Kalekar for the Applicant. Mr. Saytajeet P. Dighe for the Respondent-MHADA. ------ Coram : Sharmila U. Deshmukh, J.

Date : MAY 9, 2025.

P. C. :

1.

Interim Application has been preferred for amendment of cause title in order to bring the new committee members on record pursuant to the elections held.

2.

Learned Counsel appearing for the Applicant submits that the Respondents have been duly served. He submits that pursuant to the election held on January 2024, the new committee has been elected on 20th March, 2024 and points out the resolution of the committee for purpose of filing of Change Report. 3.

Considering that the Appeal has been filed by the Trustees, Shubham Talle 1 of

119-IA-11046-2024.doc upon the new managing committee being elected pursuant to elections the cause title will have to be accordingly amended. The Application further states that the some of the Trustees term had expired and some of the trustees have expired. Considering page 10 of the Application which is resolution for the purpose of filing of the change report before the Charity Commissioner, the factum of elections having been conducted cannot be disputed. 4.

In light of the above, the Interim Application is allowed. 5.

The Applicant is permitted to amend the cause title to bring on record the new trustees who have come in place of the previous Managing Committee. Amendment to be carried out within a period of six weeks from today.

6.

Interim Application is allowed.

[Sharmila U. Deshmukh, J.] Shubham Talle 2 of