1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1097 OF 2010 (Panchsheel Teachers Education Society & Ors. vs. Shri Vinayak Nagorao Phokmare & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. SEPTEMBER 01, 2010. Heard Shri Ghare, learned counsel for the petitioners, Shri Jaiswal, learned counsel for respondent No. 9 and Shri Thakare, learned AGP for respondent No. 10. The contention of Shri Ghare, learned counsel is, the respondents are acting to the detriment of the petitioner – Public Trust and hence to prohibit them from so acting and prohibiting abuse of any resolution allegedly passed at their instance, the proceedings under Section 41-A of Bombay Public Trust Act, were initiated. He states that if such members manage to show an election, immediately it creates several problems for legal body and petitioner entitled to administrate the Trust. Shri Jaiswal, learned counsel as also the learned AGP support the impugned order. They urge that the petitioners are not in a position to demonstrate any cause of action and injury. I am satisfied that as of today, there is no 2 prejudice caused to the petitioner – management in any way. Merely because some members of Trust are coming together, holding meeting and passing resolutions, those resolutions and that act cannot prohibit the legal management from administrating the affairs of the Trust. The petitioners can always raise appropriate defences and grievance as and when actual prejudice is caused to them. Writ Petition is, therefore, not entertained and disposed of accordingly. No order as to costs. JUDGE *GS.