FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

LETTERS PATENT APPEAL NO. 121 OF 2009

IN
WRIT PETITION NO. 4654 OF 2008.

Office Notes, Office Court's or Judge's orders

Memoranda of Coram or directions and Registrar's orders.
appearances, Court's
Orders
1

Mr. V.J. Dixit, Senior Counsel holding for Mr. L.V. Sangit,
Advocate for the appellants.

CORAM :- D.B. BHOSALE &

R.M. BORDE, JJ.

DATE :- 21ST JANUARY, 2011.

PER COURT :-

1] Heard learned counsel for the parties.

2] This appeal is arising from the order passed in Writ

Petition No. 4654/2008 confirming the order of the Charity
Commissioner, rejecting the application filed by the appellants in
2005, under Section 36(1)(A) of the Bombay Public Trusts Act,
1950.
3] Mr. Dixit, learned senior counsel for the appellants
submits that if the appellants are allowed to file fresh applications
under Section 36(1)(A) of the Bombay Public Trusts Act,1950 and
if directions are issued to consider their application afresh, on
merits, in accordance with law, he has instructions not to press
this appeal.

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 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

LETTERS PATENT APPEAL NO. 121 OF 2009

IN
WRIT PETITION NO. 4654 OF 2008.

Office Notes, Office Court's or Judge's orders

Memoranda of Coram or directions and Registrar's orders.
appearances, Court's
Orders
2

4] Keeping in view the passage of time, we are inclined

to allow the appellants to file a fresh application under Section
36(1)(A) of the Bombay Public Trusts Act. In the circumstances,
the Letters Patent Appeal is disposed of by the following order :-

“The appellants are allowed to make a fresh

application under Section 36(1)(A) of the Bombay Public Trusts
Act, 1950 and if such an application is filed by the appellants
before the Charity Commissioner, the same may be considered
on merits, in accordance with law and uninfluenced by the
observations made in the orders impugned in the appeal.”

[R.M. BORDE, J.] [D.B. BHOSALE, J.]

grt/-

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