1 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.271/2009 Shri Shrikant Kulkarni,Adv.for petitioner. Shri M.M.Patil(Beedkar),Adv.for R.1 Shri R.B.Deshmukh,Adv.for R.2. .... CORAM : R.K.DESHPANDE,J. DATE : 23/11/2009. 1] Heard Shri Kulkarni, learned counsel for the petitioner. 2] This petition complains about disobedience to the directions dated 15/3/2008 issued by the learned Assistant Charity Commissioner,Beed. The non compliance or wilful disobedience alleged in this petition is in respect of directions contained in Clause 3 of the said order, which is on page 16, is reproduced below : "(3) Respondents are directed to call the applicant in general body meeting and special general body meeting. 2 3] Shri Kulkarni, learned counsel for the petitioner complains that although the applicant was called for first meeting after the order was passed, he was not called thereafter in the successive meetings. Without going into the controversy raised in the Contempt Petition, this petition can be disposed of in view of the provisions of Section 41(D)(1)(b) of the Bombay Public Trust Act 1950. As per the said provision, the Charity Commissioner may, either on the application of a trustee or any person interested in the trust, or on receipt of a report under Section 41(B) or suo motu may suspend, remove or dismiss any trustee of a public trust if he wilfully disobeys any lawful order issued by Charity Commissioner under the provisions of this Act or rules made thereunder by the State Government. The controversy raised is squarely covered by aforesaid provision and therefore, needs to be adjudicated by learned Assistant Charity Commissioner on its own merits. In view of this, I do not find any reason to proceed with the contempt petition. The same is dismissed. However, it is made clear that none of the observations 3 made by this Court shall come in the way of any of the parties in pursuing the remedies. (R.K.DESHPANDE, J.) umg/cp271-09