1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1217 OF 2010. (Shri Ramchandra H. Ingale -: versus :- Sukhadeo W. Adhau and others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JULY 14, 2010. Heard Shri A.M. Ghare, learned counsel for petitioner and Shri A.J. Thakkar, learned counsel for respondent nos. 2,3,5 and 6. Two contentions are raised by Shri Ghare, learned counsel. First is, the impugned directions dated 17.02.2005 issued by the Joint Charity Commissioner were under Section 41-A of the Bombay Public Trust Act, and hence the Appeal before the District Judge-1, Akola vide M.J.C. No. 63/2005 was not maintainable. He further points out that during the pendency of the proceedings the change report submitted in relation to meeting dated 27.10.2004, is rejected and that meeting is held to be illegal. According to 2 him, therefore there was no resignation by President Shri Purushottam Adhao of respondent no.7 Institution. The Joint Charity Commissioner had directed the non-applicants before it not to conduct any meeting with new enrolled members till the change report is decided. The change report is now decided. In application as filed present petitioner had also sought a direction to restrain those non-applicants from conducting meeting dated 18.11.2004. In that meeting new members have been enrolled. The question therefore arise is, to what is the effect of adjudication in relation to the meeting dated 27.10.2004 on said enrollment. Shri Thakkar, learned counsel for respondents, contended that the directions issued by the Joint Charity Commissioner was to operate till the decision of the Change Report and hence after adjudication of that change report the restraining order was not in force. As I find that subsequently some material developments have taken place, hence it will be appropriate to permit the Joint Charity Commissioner to have review of to the position and to pass fresh orders in relation to the meeting. Only for that purpose the order dated 17.02.2005 in so far as it relates to holding of meeting with new enrolled 3 members and the subsequent judgment dated 30.04.2009 in M.J.C. No. 63/2005 are set aside. The Joint Charity Commissioner shall hear the parties afresh and pass further appropriate orders in relation to the restrainment imposed by him. Shri Thakkar, learned counsel at this stage states that the proceedings before the Joint Charity Commissioner were under Section 41-E and not under Section 41-A. The issue in relation to availability of said section and the jurisdiction invoked by the applicants before him can be gone into by the said Authority. Writ Petition is therefore, partly allowed, with no order as to costs. JUDGE Rgd.