Darshanlal Nandlal Malhotra v. Rajesh Anand Khobragade And Others

2026:BHC-NAG:1664-DB 117.WP.681.2026 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 681 OF 2026 Shri Darshanlal Nandlal Malhotra Vs. Shri Rajesh Anand Khobragade & Ors. ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, Appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. S.D. Abhyankar, Advocate for the Petitioner. Mr. V.K. Paliwal, Advocate for Respondent No.1. Mr. J.Y. Ghurde, AGP for Respondent No.6.

------------------------------- CORAM : ANIL S. KILOR AND R AJ D. WAKODE , JJ.

DATE : 02.02.2026 Heard Mr. S.D. Abhyankar, learned counsel for the petitioner, and Mr. V.K. Paliwal, learned counsel for respondent No.1.

2.

The petitioner has approached this Court seeking challenge to the impugned order dated 11th November, 2025 passed below Exh.11 in Application No.51/2025 by the learned Assistant Charity Commissioner, Bhandara.

3.

The application below Exh.11 was filed by the petitioner seeking dismissal of the proceedings at the threshold. The original proceedings bearing Application No.51/2025 is filed under Section 41A of the Maharashtra Public Trusts Act, 1950 for seeking directions as prayed for in the said application. 4.

While rejecting the application below Exh.11, the learned Assistant Charity Commissioner, Bhandara, recorded as under: "Therefore, the above said objections of the Non-applicant No.1 are required to be decided at the time of passing the final judgment in this matter. For all above said reasons, the present application vide Exh.11 is not tenable and maintainable and therefore the present application vide Exh.11 is liable to be rejected."

117.WP.681.2026 2/2 5.

A perusal of the aforesaid reasons reveals that the learned Assistant Charity Commissioner rejected the application for dismissal of the proceedings with the observation that the issues raised by the present petitioner would be considered and decided at the time of passing the final judgment in the matter. 6.

In view of the above, we dispose of the present writ petition with a direction to the learned Assistant Charity Commissioner, Bhandara, not to get influenced by the observations made in the impugned order dated 11th November, 2025 while deciding the main proceedings bearing Application No.51/2025 filed under Section 41A of the Maharashtra Public Trusts Act, 1950.

7.

The writ petition is accordingly disposed of. No costs. (RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 02/02/2026 19:55:47