1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO.851 OF 2009 IN CONTEMPT PETITION NO.337 OF 2008 IN WRIT PETITION NO.3226 OF 2007 Smt. Sayarabano Tabibkhan ..... APPLICANT VERSUS Ishwardas Ramdas Chaudhary & others RESPONDENTS ..... Shri P.B. Pawar, Advocate holding for Shri S.P. Brahme, Advocate for the applicant Shri P.R. Katneshwarkar, Advocate for respondent Nos.1 & 2 Shri K.S. Patil, A.G.P. for respondent No.3. ..... Coram : Shrihari P. Davare, J. Dated : 16th July, 2009. ORAL ORDER : 1. Perused. 2. The applicant has preferred the present Civil Application requesting to grant permission to implead Mr. Hemant Pandharinath Nemade, present President of the Trust as respondent No.4 in Contempt Petition No.337/2008. 2 3. It is the contention of the applicant that, the respondent No.1 namely Ishwardas Ramdas Chaudhary was shown as President of Shri Renukadevi Shikshan Prasarak Sanstha, on the basis of Schedule I of the trust, since the subsequent change in the management, was not incorporated on the record of Assistant Charity Commissioner, there was no reason for the petitioner to implead Mr. Hemant Pandharinath Nemade, who is presently working as President. 4. However, the applicant submits that, on the basis of vague information, she applied for certified copies of certain records from the office of Assistant Charity Commissioner and she received the said copies on 2.1.2009 and first time learnt about the change occurred on 6.1.2008 and the copy of the said change report No.595/2008 filed on 2.1.2008 is produced at Exhibit E along with the present Civil Application. 5. Thus, the applicant submits that, from the record of Assistant Charity Commissioner, it appears that, on 6.1.2008 new body of the management was elected and Mr. Hemant Pandharinath Nemade was elected as President and, therefore, he is a necessary party in the present Contempt Petition and, therefore, the applicant prays to implead him as party respondent No.4 in the present Contempt Petition. 6. Heard learned respective counsel for the parties. 7. After considering the rival submissions, change report filed at 3 Exhibit E discloses that new managing committee took the charge of the said trust with effect from 6.1.2008 and Mr. Hemant Pandharinath Nemade was elected as a President of the said Trust. Hence, in view of the said position, he is the necessary party in the Contempt Petition and, therefore, he is required to be added as respondent No.4 in the Contempt Petition. 8. In the result, present Civil Application succeeds and same is allowed in terms of prayer clause (B) thereof and Mr. Hemant Pandharinath Nemade whose name and address is given in paragraph No.4 of the present Civil Application, be added as respondent No.4 in Contempt petition No. 337/2008. Amendment to be carried to that effect in Contempt Petition No. 337/2008 within one week and after adding the respondent No.4 in the Contempt Petition, notice of Contempt Petition be issued to the added respondent No.4, returnable on 24th August 2009. (SHRIHARI P. DAVARE, J.) fmp/ca851.09