1 srk wp-44-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.421 OF 2010 IN WRIT PETITION NO. 44 OF 2009 ALONGWITH WRIT PETITION NO.44 OF 2009 Shri Luhar Sutar Gnati Hittechhak Mandal and others. ... Petitioners Versus State of Maharashtra and others. ... Respondents Mr. A.M. Saraogi for the petitioners. Mr. A.B. Ketkar, Assistant Government Pleader for respondent Nos.1 and 2. Mr. A.R. Bamane for respondent No.3. Mr. J.J. Shah for respondent No.4. CORAM : MOHIT S. SHAH, C.J. & S.J. KATHAWALLA, J. Friday, December 10, 2010 P .C. The learned advocate for respondent No.4 is not in a position to state that any prohibitory order is passed under the Bombay Public Trust Act, 1950 to restrain the petitioners from operating the bank account with Dena Bank. 2. In view of the above, the communication dated 4th November, 2009 of the Deputy General Manager, Dena Bank to the trustees of Shri Luhar Sutar Gnati Hittechhak Mandal and the action of Dena Bank in not permitting the authorised trustees to operate bank account of the trustees with Dena Bank are contrary to law and untenable. We, therefore, direct Dena Bank-respondent No.2 to permit the authorised trustees of Shri Luhar Sutar Gnati Hittechhak 2 srk wp-44-10.sxw Mandal to operate their bank account in Dena Bank and not to interfere the operation of the said bank account except on the basis of the prohibitory order passed by the Charity Commissioner/Joint Charity Commissioner under the provisions of the Bombay Public Trusts Act. Petition as well as notice of motion stand disposed of accordingly. CHIEF JUSTICE S.J. KATHAWALLA, J.