1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1021 OF 2008 WITH CIVIL APPLICATION NO. 2978 OF 2008 Reshma Sudhir Babre & Ors. ... Appellants Vs. Indirabai Bhagwant Nadkarni & Ors. ... Respondents Mr.SP.Thorat,Advocate, for the appellants. CORAM: J.H.BHATIA,J. DATE : 24th August, 2009. P.C. 1. Heard Mr. Thorat, learned Counsel for the appellants. 2. Dr.Nadkarni’s Maternity Charity Trust, which appears to be a Family Trust, was established in the year 1961 by Dr. Bhagwant K.Nadkarni with four trustees appointed initially, viz. (1) Prabhakar Nadkarni, (2) A.S.Nadkarni, (3) Mrs. Usha Prabhakar Nadkarni and (4) Indrabai B. Nadkarni. A Scheme Application No. DYCC/32/2003 was presented before the Deputy Charity Commissioner, Greater Mumbai Region for framing a scheme for better management and administration of the Trust. The Scheme was approved by the Deputy Charity Commissioner on 17.5.2005. As per clause 7, five trustees were 2 appointed, viz. (1) Dr. Monish Sudhir Babre,(2) Dr. Smt. Vijaya Monish Babre, (3) Shri Sudhir Pandurang Babre, (4) Smt. Reshma Sudhir Babre and (5) Shri Ramkrishna R. Hiray. That Scheme and particularly the appointment of the said trustees was challenged by Indrabai and her daughter-in-law Smt. Mitali Shyam Nadkarni. By the order dated 19.3.2008, the Scheme to the extent of clause 7 was quashed by the City Civil Court in Charity Application No.7 of 2006. The City Civil Court directed that the Deputy Charity Commissioner to hold inquiry under Section 50A of the Bombay Public Trust Act for appointment of first Board of Trustees in consonance with clause 6 of the Scheme within six months from the date of that order. Clause 6 provides for the qualification for being appointed as the trustees. That order was sought to be challenged in the present Appeal by Reshma Sudhir Babre and later on three original trustees and four of the trustees appointed by the Deputy Charity Commissioner are also impleaded as appellants. Indirabai Nadkarni and her daughter-in-law Mitali remain to be the respondents. 3. As per clause 6 of the Scheme, only beneficiaries, heirs of late Dr. Bhagwant Nadkarni shall be eligible to act as trustees. Inspite of this, the new board of trustees did not include either Indirabai Nadkarni or her daughter-in-law Mitali Nadkarni. Mitali Nadkarni, who is one of the members of the family of Bhagwant Nadkarni, was not even made a party in the proceeding before the 3 Deputy Charity Commissioner and therefore she was not even considered for being appointed as a trustee. 4. Taking into consideration the circumstances, I find no fault with the impugned order passed by the City Civil Court. Therefore, the Appeal stands dismissed. 5. The Deputy Charity Commissioner shall dispose of the inqury within six months from this day and he shall hear all the legal heirs and beneficiaries of Dr. Bhagwant Nadkarni and pass appropriate orders. 6. As the Appeal itself is dismissed, the Civil Application does not survive and stands disposed of. (J.H.BHATIA,J.)