1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Writ Petition NO. 4688/2010 Abhijeet s/o Bapurao Dudhane and others Vs. The Joint Charity Commissioner, Nagpur =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr V. M. Deshpande, Advocate for the petitioners. Mr. Joshi, AGP. for the respondent. CORAM ; B. P. DHARMADHIKRI, J. DATED : 18th October, 2010. The petitioner before this Court are trustees of a registered Trust and Education Society. They have availed loan facility of Union Bank of India. They approached the respondent seeking leave to borrow loan from a Co-operative Bank by name Abhyuday Coop. Bank Limited, Ajani branch, Nagpur. They also complied with necessary procedure by following Resolution and by producing no objection certificate of Union Bank of India. That application has been rejected on 23.7.2010 by the respondent. Advocate Deshpande contends that no prejudice will be caused to Union Bank of India because its loan liability is wiped out and Trust also stands to gain because of easy terms 2 and conditions of Abhyuday Coop. Bank Limited. Learned AGP Joshi states that Joint Charity Commissioner has considered entire material. He however, seeks time as parawise instructions are still awaited. Prima facie, it is apparent that the petitioners are changing bank because of less rate of interest being charged by Abhyuday Coop. Bank Limited. The Joint Charity Commissioner has not found any malafides with the proposal as moved. Only reason is given no data was produced before him to show that Abhyuday Coop. Bank Limited is willing to take over loan. It is apparent that Joint Charity Commissioner has tried to safe-guard the interest of the Trust. The Joint Charity Commissioner in such situation ought to have issued notices to Union Bank of India and also Abhyuday Coop. Bank Limited and thereafter ascertained necessary facts. As that has not been done. I find that impugned order shows non- application of mind and also there is failure to exercise jurisdiction. Hence, the impugned order is therefore quashed and 3 set aside. The proceedings in Application No. 3/2010 are restored back to file. The respondent shall immediately issue notices to Union Bank of India and Abhyuday Coop. Bank Limited and after obtaining their necessary replies pass appropriate orders as early as possible and in any case by 31st December, 2010. The petitioner to appear before the respondent on 27th October, 2010 and to abide by his further orders in the matter. Steno copy is allowed. JUDGE ambulkar