FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | CONTEMPT PETITION NO. 366/2008 Shri P.K.Joshi,Adv.for petitioner. Shri S.W.Mundhe,Adv.for Respdt. .... CORAM : R.K.DESHPANDE,J. DATE : 18/11/2009. 1] This petition complains about willful disobedience of the order dated 30/11/2006 passed by Deputy Charity Commissioner, Aurangabad in Enquiry No.1129/05 under Section 22 of the Bombay Public Trusts Act, 1950. By this order, the Deputy Charity Commissioner had directed that de-facto managing committee shall have no power, no right, no authority to take policy decision. Shri Joshi, learned counsel for the petitioner states that said direction is in force and it has not been modified. He further states that the de-facto body has enrolled about 48 new members on the verge of election and this amounts to willful disobedience of the order dated 30/11/2006 passed by Deputy Charity Commissioner. 2] Section 41(D) of the Bombay Public Trusts Act,1950, provides a remedy for willful disobedience of any lawful order issued by Charity Commissioner under the provisions of the Act or the Rules made by State Government. As per this provision, the Charity Commissioner is empowered to suspend, remove or dismiss any trustee of the trust on the said ground. In view of this, there is no case for taking cognizance of the contempt. The petition is therefore, dismissed. It shall be open for the petitioner to avail such appropriate remedies as are open in law. (R.K.DESHPANDE, J.) umg/cp366-08