IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 3950 OF 2008. WRIT PETITION NO. 3950 OF 2008. WRIT PETITION NO. 3950 OF 2008. Nusli N. Wadia & Ors. ..Petitioners. V/s. Jt. Charity Commissioner & Ors ..Respondents. Mr D. H. Mehta with Ms Sunita Maurya i/b S.B. Amin, Advocate for the Petitioners. Mr P. I. Khemani, A.G.P. for the Respondent No.1. Mr R. U. Singh, Advocate for Respondent Nos. 2 and 3. CORAM: V. C. DAGA, J. CORAM: V. C. DAGA, J. CORAM: V. C. DAGA, J. DATED: 12. 08. 2008. DATED: 12. 08. 2008. DATED: 12. 08. 2008. P.C.: P.C.: P.C.: ---- ---- ---- 1. Heard. 2. Rule, returnable forthwith by consent of parties. 3. Mr P.I. Khemani, learned Advocate appearing for respondent No.1 and Mr R. U. Singh, learned counsel appearing for Respondent Nos. 2 and 3 respectively waive service. ( 2 ) 4. It is brought to my notice that the application No. J-4/137/1997 filed under Section 36(i)(a) of the Bombay Public Trust Act, 1950 was fixed on 30.1.2008. It was adjournd to 4.3.2008 a 3.30 p.m. Lateron, on the same day, in view of the pursis Exh.99, hearing was preponed to 22.2.2008. Notice of hearing was sought to be issued to intimate preponement of hearing to the parties to the application, namely; the petitioner Trust. However, the petitioner-Trust did not get this notice before 22.2.2008. The notice issued by the Office of the Charity Commissioner under the signature of the Superintendent bears the date "7.2.2008". Whereas, below the signature of Superintendent the date mentioned is "6.2.2008". One fails to understand if the notice was prepared on 7.2.2008; how the Superintendent could sign it on 6.2.2008. 5. Be that as it may, during the course of hearing of the Petition, all parties agreed that without examining merits or demerits of the impugned order dated 22.2.2007, dispensing with the reasons by their consent the impugned order be set aside and the matter be remitted back for consideration afresh by any other Officer other than Shri D.S. Purohit, Joint ( 3 ) Charity Commissioner, Maharashtra State, Mumbai. The request made by all parties is reasonable and acceptable to this Court. 6. Impugned order is, thus, set aside and the proceedings are remitted back and the Charity Commissioner himself is directed to hear this application under Section 36(i)(a) of the Bombay Public Trust Act, as expeditiously as possible, at any rate within eight weeks from the date of receipt of copy of this order. Needless to mention that all rival contentions are kept open. 7. It is needless to mention that in the event the order under Section 36 (i) (a) is adverse to the Petitioner, it would be open for the Petitioner to challenge the order dated 22.2.2007 on its own merits since the validity and legality of that order is not being examined by consent of parties. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)