1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No.7625/2008 In Letters Patent Appeal No.329/2008 In Writ Petition No.3329/2008 (D) [Darshanlal Nandlal Malhotra .vrs. Bhaduji Bakaramji Bhure and others] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. R.K. Deshpande, Advocate with Mr. A.C. Dharmadhikari, Advocate, Advocate for the appellant, Mr. R.L. Khapre, Advocate with Mr. V.K. Paliwal, Advocate for respondent no.1, Mr. A.Z. Jibhkate, Advocate for respondent no.4. .......... CORAM : K.J. ROHEE AND PRASANNA B. VARALE, JJ DATED : OCTOBER 23, 2008 1. Heard the learned counsel for the parties. 2. The appellant had moved an application under Section 41-A of the Bombay Public Trusts Act on 7.6.2008. The Assistant Charity Commissioner decided the application by order dated 5.7.2008 and directed the appellant to 2 manage the affairs of the Trust in the capacity of Secretary till the decision of the Change Report Nos.336/2004 and 591/2004. The learned Assistant Charity Commissioner also directed the appellant to operate Bank Account of the Trust as per the bye-laws of the Trust with the joint signatures of the recorded President Shri Kisan Maroti Dorle and recorded Treasurer Shri Nandlal Sardarilal Malhotra. Some other conditions were also imposed on the appellant. 3. The respondents challenged the order by preferring Writ Petition No.3329/2008. By order dated 8.8.2008 the learned Single Judge stayed the order of the Assistant Charity Commissioner. Thereafter, by order dated 25.9.2008 the learned Single Judge allowed the writ petition, quashed and set aside the order of the Assistant Charity Commissioner and directed him to decide the Change Report Nos.336/2004 and 591/2004 within a period of four months from the date of order. Thus, it seems that the appellant is not managing the affairs of the Trust right from 8.8.2008. In view of this, we do not think it expedient to stay the order of the learned Single Judge. The application is, therefore, rejected. 3 4. Needless to mention that while deciding the Change Reports the Assistant Charity Commissioner shall not be influenced by any observations made by the learned Single Judge or by any other authority. JUDGE JUDGE Gulande