Anannd Khosla Alias Chankwinn v. The Joint Charity Commissioner And ANR

2026:BHC-AS:18906 26 WP 3913-26.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3913 OF 2026 Anannd Khosla @ Chankwinn ..Petitioner

Versus

Joint Charity Commissioner & anr.

...Respondents

Mr. Anand Pai, Mr. Sahil Sayed, Mr. Arun Panickar, Mr. Vinay Nair, for the Petitioner.

Mr. Hamid Mulla, AGP for the Respondent - State. CORAM :

N. J. JAMADAR, J.

DATE :

20th APRIL 2026 P.C.:

1.

Heard the learned Counsel for the petitioner. 2.

The challenge in this petition is to an order passed by the learned Joint Charity Commissioner on 09th January, 2026, whereby an application preferred by the petitioner to stay the adjudication of the application under Section 36(1)(a) of the Maharashtra Public Trust Act, 1950('the Act, 1950'), till the applications filed by the petitioner/intervenor in the Application No. 01/2024, under Section 41A and 41D of the Act, 1950, are finally heard and disposed of.

3.

Mr. Pai, the learned Counsel for the petitioner, submitted that, the petitioner is aggrieved by the observations of the learned Charity Commissioner in Paragraph No. 6 of the impugned order, wherein it is incorrectly recorded that, the SAINATH, PA 1/2

26 WP 3913-26.DOC petitioner has not taken any efforts to provide addresses of the respondents and since last six months the matter has been adjourned only for furnishing the addresses of the respondents. The learned Counsel further submits that, the addresses of the trustees are mentioned in the very application under Section 36

(1) of the Act, 1950.

4.

The objects of the proceedings under Section 36 and 41D, or for that matter 41A, are completely different. The nature of inquiry the learned Charity Commissioner is expected to hold in the proceedings under these three sections is qualitatively different. Thus, there is no question of staying the proceedings of the application under Section 36 till the decision of the applications under Section Section 41D and 41A, of the Act, 1950.

5.

The petitioner is at liberty to submit before the learned Charity Commissioner in the application under Section 41D, that the notices be issued to the trustees on the addresses which find mention in the cause title of the pending proceeding or as mentioned in the Schedule - 1 of the Trust. 6.

Subject to the said liberty, the Writ petition stands disposed.

[N. J. JAMADAR, J.] SAINATH, PA 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 22/04/2026 11:29:33