IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 3946 OF 2008 WRIT PETITION NO. 3946 OF 2008 WRIT PETITION NO. 3946 OF 2008 Shri Murlidhar Deoram Patil. ... Petitioner. V/s. Shri Madhukar Tulshiram Bachchav and another. ... Respondents. Kishore Patil i/b. P.N.Joshi for the petitioner. Ms.Gauri Jadhav for respondent Nos.1 and 2. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 28th January 2009. DATED: 28th January 2009. DATED: 28th January 2009. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the rival parties. Perused record. 2. This petition filed under Article 227 of the Constitution of India is directed against the order dated 19th March, 2008 passed below Exh.1 in Misc.Application No.46/2008 by the Deputy Charity Commissioner, Nashik Region, Nashik. 3. The factual matrix reveals that the petitioner, President of the Trust, was refusing to sign the cheques, may be for want of details of expenditure and need to withdraw. The refusal led to contempt action. This Court vide order dated 7th January, 2008 passed in Contempt Petition No.313/2005 permitted the petitioners in that petition (respondents herein) to get the order modified from the Deputy Charity Commissioner. Accordingly, order appears to have been modified and authority to sign cheques has been substituted by the Deputy Charity Commissioner for smooth functioning of the Trust. 4. Having seen the attitude and modus operandi adopted by the petitioner and in view of the fact that functioning of the Trust should not be affected, it was necessary to substitute the signatory in place of the petitioner. 5. In the above view of the matter, no fault can be found with the impugned order. However, it is made clear that before withdrawing the amount, the managing committee shall adopt resolution stating the necessity of withdrawal with details of the need for the amount. In other words, each withdrawal must be backed by the resolution of the managing committee indicating necessity of withdrawal with particulars thereof. It would be necessary to place factual and actual particulars of the amount withdrawn and spent on the basis of past resolutions. This clarification leading to amendment of the order is made by consent of parties present and in the interest of the Trust. 6. Petition is disposed of in terms of this order with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)