1 53 FA.1805.10 ORS ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION F.A. NO. 1805 OF 2010 with C.A. NO. 4531 OF 2010 WITH F.A. NO. 1806 OF 2010 with C.A. NO. 4532 OF 2010 WITH F.A. NO. 1807 OF 2010 with C.A. NO. 4534 OF 2010 WITH F.A. NO. 1808 OF 2010 with C.A. NO. 4535 OF 2010 WITH F.A. NO. 1809 OF 2010 with C.A. NO. 4536 OF 2010 AND F.A. NO. 1810 OF 2010 with C.A. NO. 4537 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. A.Y.Sakhare, Senior Counsel, i/b Mr. Vijay Killedar for the Appellant/ Applicant. Mr. Shrishail Sakhare for Respondent No.1. CORAM : A.S.OKA, J. DATE : 19 th January, 2011. P.C. 1 Heard the learned senior counsel appearing for the Appellant. These are first appeals under sub-Section (4) of Section 72 of the Bombay Public Trust Act, 1950. The law is well settled. An Appeal under sub-Section (4) of Section 72 is maintainable only on a substantial question of law. 2 These appeals arise out of proceedings of the change reports filed by the Appellant. Change reports were accepted by 2 53 FA.1805.10 ORS the learned Assistant Charity Commissioner. The Respondents preferred appeals against the said orders. The learned Joint Charity Commissioner allowed the appeals and remanded the change reports for fresh inquiry to the learned Assistant Charity Commissioner. Applications under sub-Section (1) of Section 72 of the said Act were made by the Appellant before the District Court. The District Court has confirmed the orders of remand. 3 The learned senior counsel appearing for the Appellant has invited attention of the Court to the roznama of the proceedings before the learned Assistant Charity Commissioner. He pointed out that after examining the witness of the Appellant on 19 th September, 2007, atleast four to five dates were fixed before the learned Assistant Charity Commissioner on which dates adjournments were sought by the Respondents for cross- examining the said witness. He submitted that only after granting adjournments on four consecutive dates, the learned Assistant Charity Commissioner proceeded to pass an order and disposed of the change reports. He, therefore, submitted that there was no warrant for passing an order of remand. He submitted that all these aspects have not been considered by the Appellate Authority as well as the District Court. 4 I have given careful consideration to the submissions. The Appellate Authority has considered the roznama of the proceedings, which is apparent from paragraph No.10 of the order of the Appellate Authority. The Appellate Authority was of the view that an opportunity deserves to be granted to the 3 53 FA.1805.10 ORS Respondents to cross-examine the witness and to adduce evidence. It is not possible to interfere with the discretionary order of remand passed by the Appellate Authority, which has been confirmed by the District Court. Apart from this, perusal of the orders passed by the Assistant Charity Commissioner on the change reports show that the orders are very cryptic and reasons have been recorded only in two small paragraphs. 5 No substantial question of law arises and appeals are dismissed. 6 The Assistant Charity Commissioner will decide the change reports afresh as expeditiously as possible and preferably within a period of six months from the date on which an authenticated copy of this order is produced before him. The 1 st and 2 nd respondents shall not be entitled to ask for any adjournments on unreasonable grounds and the said Respondents shall cooperate with the learned Assistant Charity Commissioner in disposal of the proceedings. 7 Civil Applications Nos. 4531, 4532, 4534, 4535, 4536 and 4537 of 2010 do not survives and the same are disposed of accordingly. [ A.S.OKA, J ]