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Bombay High CourtWP/536/2026disposed off

Goregaon Sports Club v. State Of Maharashtra

2026-01-20Hon'Ble Shri Justice N. J. Jamadar2 pages

39-WP-536-2026.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 536 OF 2026 Goregaon Sports Club ..Petitioner

Versus

State of Maharashtra

...Respondent

Mr.Vikhil Dhoka, with Abhijit Mukherjee, i/b GM Legal , for the Petitioner.

Ms. Snehal S Jadhav, AGP, for the Respondent-State. Mr. Anand Mishra, with Priti Rao and Aahana Shrivastava, i/b Ashok M Saraogi, for Respondent No.3.

CORAM:

N. J. JAMADAR, J.

DATE :

20th JANUARY 2026 ORAL ORDER:

1.

The challenge in this Petition is to an order dated 25th September 2025 passed by the learned Joint Charity Commissioner purportedly under Order 11 Rule 14 of the Code of Civil Procedure, 1908, thereby ARUN RAMCHANDRA SANKPAL directing the Petitioner to produce the documents enumerated in ARUN RAMCHANDRA SANKPAL Date: 2026.01.27 14:58:11 +0530 paragraph 19 of the said order.

2.

The learned Counsel for the Petitioner submitted that the Application for production of the documents was filed on the premise that the Petitioner had allegedly paid amounts to persons to obtain the FSI, by way of unlawful gratification. The learned Counsel submitted ARS 1/2

39-WP-536-2026.DOC that the documents, production of which has been ordered, do not reveal any such payment having been made by the Petitioner. 3.

The question as to whether any payment has been made by way of unlawful gratification by the Petitioner can be legitimately appreciated once the documents are placed before the Charity Commission and entries, if any, are found therein reflecting upon the correctness of the contentions of the Respondent-original Applicants before the Charity Commissioner.

4.

It is, therefore, clarified that if the Petitioner produces the documents as enumerated in the order, which are in its possession and power, there would be sufficient compliance of the impugned order. 5.

The question as to whether those documents do not reveal payment by way of unlawful gratification for obtaining the FSI, would be a matter for determination by the learned Charity Commissioner upon appreciation of those documents.

6.

Subject to the aforesaid clarification, the Petition stands disposed. [N. J. JAMADAR, J.] ARS 2/2