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Bombay High CourtWP/6501/2025disposed off

Giridhar Govinddasji Rathi And Others v. Ramkumar Jugalkishorji Daga And Others

2026-01-21Hon'Ble Shri Justice Anil S. Kilor , Hon'Ble Shri Justice Raj D. Wakode3 pages

2026:BHC-NAG:992-DB 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 6501 OF 2025 Shri Giridhar Govinddasji Rathi & Ors.

Vs.

Shri Ramkumar Jugalkishorji Daga & Ors.

______________________________________________________________________________ Office Notes, Office Memoranda of Coram, Appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. Anil Thakare, Advocate for the Petitioners. Mr. A.V. Palshikar, AGP for the Respondent/State. Ms. Kirti Satpute, Advocate for Respondent No.6. Mr. Gajanan Agrawal, Advocate for Respondent No.7 Mr. N.S. Warulkar, Advocate for Respondent Nos.9 to 11. ------------------------------- CORAM : ANIL S. KILOR AND R AJ D. WAKODE , JJ.

DATE : 21.01.2026 Heard.

2.

In this petition, the challenge is raised to the judgment and order dated 20.03.2025 passed by the learned Assistant Charity Commissioner, Wardha. The operative part of the judgment and order reads thus:

"1) The application is partly allowed.

2) The non-applicants no. 11, 12, 14 and 15 are directed to unfreeze the accounts of the trust i.e. Maheshwari Yuvak Mandal and school H. M. Mahesh Gyanpeeth.

3) The non-applicants no. 11, 12, 14 and 15 are directed to allow the non-applicant no. 1 Mr. Girdhar Rathi, Sanjay Daliya and Murali Lahoti to operate the accounts of the trust i.e. Maheshwari Yuvak Mandal only with their joint signatures. Signature of President Girdhar Rathi is mandatory.

4) The non-applicants no. 11, 12, 14 and 15 are directed to allow Mr. Girdhar Rathi, Principal Vaishali Pol, Sanjay Daliya and Murli Lahoti to operate the said accounts of the H. M. Mahesh Gyanpeeth. Out of them three signatures are necessary for operation of account. Signatures of Girdhar Rathi and the Principal are mandatory.

2/3 5) It is further directed to the non-applicant no. 13 not to collect money in cash.

6) These directions will remain in force till the decision of scheme application bearing no. 386/2014 or till further directions from this authority whichever is earlier. 7) No order as to costs."

3.

From the above-referred order, and more particularly Clause 6, it is evident that the directions in Clauses 2 to 5 shall remain in force till the decision in Scheme Application No.386/2014.

4.

The time period of more than ten months have already lapsed after this order, and considering the arrangement, which was followed in pursuance of the impugned order in the meantime, we are of the opinion that if the same arrangement is allowed to continue with a direction to the learned Assistant Charity Commissioner, Wardha, to decide the Scheme Application No.386/2014 within three months from next fixed date, the purpose will be served.

5.

It is informed that the present stage of the scheme application is for recording of evidence. Thus, it is possible that the scheme application can be decided within the stipulated period of three months.

6.

Since both parties are agreeable to this arrangement, we dispose of the present writ petition with a direction to the learned Assistant Charity Commissioner, Wardha, to decide the Scheme Application No.386/2014 within a period of three months from the next fixed date.

3/3 7.

At this stage, the learned counsel for the petitioner submits that the applications filed by the petitioners for holding elections, namely Application Nos.144/2020 and 309/2022 are pending and there is no decision on the same. 8.

The learned Assistant Charity Commissioner, Wardha, shall also pass orders on both the applications within a period of three months from the next fixed date.

9.

Accordingly, the writ petition is disposed of in the above-referred terms. No order as to costs.

(RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 21/01/2026 19:32:23