✦ Bombay High Court · 02 Dec 2010

Writ Petition No. 9168 of 2010 · Bombay High Court

Writ Petition No. 9168 of 2010A S OKA

Case at a glance

Provisions considered

Judgment

IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.9168 OF 2010 (Maruti Vs. Dy.Charity Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.V.C.Ghosalkar, for petitioner. Mrs.P.S.Cardozo, AGP for respondent no.1. Mr.G.S.Godbole i/b.Mr.Chetan Patil, for respondent no. 2. CORAM : A.S.OKA, J. DATE : 2nd December, 2010 P.C. Heard learned counsel for the parties. 2] By the impugned order, an Application for intervention under Section 73A of the Bombay Public Trusts Act, 1950 made by the petitioners in application under Section 41A filed by the second respondent has been rejected. 3] It is claimed that the petitioners are the members of the concerned Trust and there are total 32,000/- members of the trust. 4] Perusal of the record shows that the opponents in the application made by the second respondent have already taken up the stand which is sought to be taken by the petitioners. There is no allegation that there is collusion between the second respondent and the KBP 2 wp9168-10.sxw opponents in the main application. Hence, considering the above state of affairs, at this stage, it is not possible to disturb the discretionary order passed by the learned Deputy Charity Commissioner by which the application of the petitioner was rejected. Writ Petition is rejected.

[ A.S. OKA, J.]

Questions this judgment answers

Which statutory provisions did this judgment involve?

Bombay Public Trusts Act, 1950 — s. 73A.

Which court decided this case, and when?

Bombay High Court, on 02 Dec 2010. The bench was A S OKA.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

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