1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5245 OF 2009 Shri Venkateshwara Shikshan Sanstha .. Petitioner Vs Joint Charity Commissioner, Kolhapur .. Respondent Mr. V.A.Shastry, Advocate for the petitioner. Mrs P.S.Cardozo, AGP, for Respondent no.1. CORAM : D.B.BHOSALE, J. DATE : 24/09/2009 PC: 1. Heard learned counsel for the parties. 2. This petition is directed against the order dated 5.5.2009 passed by the Joint Charity Commissioner, Kolhapur Division, Kolhapur, rejecting the petitioner’s application filed under section 36(A)(3) of the Bombay Public Trusts Act,1950. By that application, the petitioner had prayed for permission to raise loan of Rs.4,10,00000/- from the State Bank of India for construction of a building for M.B.A, Polytechnic (Engineering) and D.Ed College. It appears that the application filed by the petitioner has been rejected on the ground that there were T 2 certain deficiencies in the application. Mr Shastry, learned counsel for the petitioner, submits that so far as certified copy of the Schedule-I of P.T.R is concerned, the petitioner-trust is unable to produce the same since the Schedule-I had not been signed by the then Deputy Charity Commissioner. The petitioner has placed on record the letter dated 7.1.2009 (Annexure-3) addressed to the petitioner-trust, stating as to why the certified copy of the Schedule-I cannot be supplied to the petitioner. Keeping that in view and considering the nature of the order, I am satisfied that the following order shall meet the ends of justice. The petitioner-trust is allowed to file fresh application seeking permission to raise loan under section 36(A)(3) of the Bombay Public Trusts Act, within a period of four weeks from today. The petitioner shall, along with their application, produce all necessary documents for seeking such permission and if they are unable to comply with any of the deficiencies as reflected in the impugned order, they shall produce on record supporting documents and seek exemption from the Charity Commissioner from producing those documents along with the application. If the petitioner files fresh application within the time stipulated, the Charity Commissioner shall consider their application afresh on merits in accordance with law within a period of eight weeks 3 therefrom. While passing this order, I shall not be understood to have examined the merits of the case. The Charity Commissioner shall deal with the fresh application filed by the petitioner overlooking the order impugned in the present writ petition. With these observations, the writ petition is disposed of. (D. B. Bhosale, J.)