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 Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar'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. 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 Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar'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/-