1 wp817-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.817 OF 2011 M/s/Bhavik Developers .. Petitioner versus Lalchand Thawardas Kamwani & Ors .. Respondents Mr.Drupal S. Patil for the petitioners. Mr.Bapoo M. Malcolm for respondent No.1. Mr.R.M.Patne, A.G.P for respondent No.8. CORAM : S.C.DHARMADHIKARI, J. 25th July 2011. P.C.: . Heard both sides. The order that is passed is on an application seeking intervention/joinder of the applicant-petitioner. 2 The main proceedings are for revocation of a sanction given to a sale of the Trust property. The proceedings being Application No.J-4/Misc/6 of 2008 are initiated by Lalchand against the opponents including Bhagnari Panchayat Trust. It is the case of the applicant that the sanction that has been given for sale of the Trust property in favour of M/s.Bhavik Developers vide order dated 30th June 2004 and 6th November 2007 is vitiated by fraud and misrepresentation and, therefore, it deserves to be revoked. 2 wp817-11.doc 3 Upon a perusal of this application, a copy of which is annexed to the paper-book and particularly para 7 thereof, it is apparent that the original applicant is aware that the conveyance was sought to be executed in favour of M/s.Bhavik Developers and/or his nominee. In these circumstances and when the original applicant is aware that the sanction was for sale of the Trust property in favour of M/s.Bhavik Developers, then, the Joint Charity Commissioner should have allowed impleadment of M/s.Bhavik Developers as an opponent to the application under section 36(2) of the Bombay Public Trusts Act, 1950. By refusing to grant that request vide impugned order dated 6th December 2010, on hyper technical grounds and purportedly because the power of attorney on behalf of M/s.Bhavik Developers which was produced, is not registered, the application is rejected. The order is erroneous because the Joint Charity Commissioner could have impleaded M/s.Bhavik Developers as a party opponent and who represents the said developer at the proceedings is not a matter which should concern or bother the Joint Charity Commissioner at this stage. In such circumstances, in the larger interest of justice, the impugned order is set aside. It is directed that M/s.Bhavik Developers will be impleaded as a party opponent to the application under section 36(2) of the Bombay Public Trusts Act, 1950 and the said application shall be dealt with and decided in accordance with law 3 wp817-11.doc after the amendment is carried out. The amendment be carried out within a period of two weeks from the date of receipt of a copy of this order. A copy of the application be supplied to the newly added opponent and thereafter the Joint Charity Commissioner can issue necessary directions so that the matter proceeds in accordance with law. Writ petition is disposed off in these terms. No costs. (S.C.DHARMADHIKARI, J)