1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Civil Application (cao) No. 1298 of 2011 (In MCA St. 16424/11 in SA No. 297/11) Dnyandeo s/o Somaji Shirsat ...Versus... The Christian & Missionary Alliance Church of India & ors. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. U.J. Deshpande Advocate for applicant. … CORAM : A.B. CHAUDHARI, J. DATED : 27.09.2011. The respondents/applicants have moved this application for condonation of delay of two days in moving review application. Considering the fact that the ultimate order that is going to be passed shall be in the interest of Trust and shall not affect the interest of either side. Hence, delay is condoned. C.A. disposed of. MCA St.No. 16424/11 Mr.Deshpande, learned counsel for the review applicant/original respondent no.1 submits that there was already an agreement registered with one Gurucharan Singh for 2 leasing out 40 acres of land for Rs.40,000/- for a period of 9 years but the same was not pointed out. Hence, the order made by this Court directing Assistant Charity Commissioner, Akola to act under Section 41-A of The Bombay Public Trusts Act to work out for maximum benefit of the Trust deserves to be reviewed. He argued that there was nothing concrete on record before this Court in support of the statement made by the appellant in the original matter that he was ready to pay Rs.75,000/- per annum and, therefore, the expectation of getting income of Rs.75,000/- per year for 40 acres of land was wrong. I have heard learned counsel for Respondent no.1 in the decided second appeal, now the review-applicant. This Court never accepted the readiness of appellant about offer of Rs.75,000/- per year and that is why this Court asked the Assistant Charity Commissioner to act under Section 41-A of the Bombay Public Trusts Act for getting maximum benefit to the Trust as the land involved is 40 acres. That could be obviously done by public notice and in that event the Trust may get more amount per year. The submission that lease agreement was already registered for Rs.40,000/- for 40 acres of land does not appeal to this Court. This court therefore reserves liberty in favour of the lessee under the said registered document of lease to compete in public offer which shall 3 be projected by the Trust with the order to be sought from the Assistant Charity Commissioner. Even the appellant in the original matter is not prohibited from competing the bid. After all, the intention is to get maximum benefit for the public trust. I do not find any merit in the review application. MCA St. No. 16424/11 for review is therefore dismissed. The Assistant Charity Commissioner shall proceed with the matter and supervise the process of grant of lease before the next year commences, i.e. on or before 31.3.2012. Judge /TA/