-1- GPN-J-2459-ARHCBN-3-04-1,00,000-ALA4* [Spl.-H.C.,A.S.,C.D.79e. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. FIRST APPEAL NO. 1584/2008 Sonaji Ukarda Waghode .vrs. Shrikrushna Jagdeo Thakre ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : MARCH 17, 2009. Heard learned counsel for parties. Advocate Shri Saboo, appearing for all the respondents states that application was filed before the Joint Charity Commissioner on 02.08.2007 and elections were conducted on 24.03.2008. Those elections could not be pointed out to the Joint Charity Commissioner and the impugned judgment came to be delivered in ignorance thereof. He states that in view of the elections dated 24.03.2008 he has no objection if the impugned judgment and order is quashed and set aside. Advocate Shri V.M. Deshpande, contends that the respondents were represented by Advocate before the Joint Charity Commissioner and the excuse put forth before this Court is incorrect. He therefore -2- states that action for playing fraud needs to be taken against the respondents. It is apparent that according to the present appellant, fraud if any, is played by the respondents before the Joint Charity Commissioner, the Joint Charity Commissioner is therefore competent to look into the matter and find out whether anything is suppressed from it. The parties are therefore, at liberty to move the Joint Charity Commissioner for taking appropriate cognizance of fraud, if any. In view of the statement made by Advocate Shri Saboo, the judgment dated 28.8.2008 delivered by the Joint Charity Commissioner on Application No.4/2007 is hereby quashed and set aside. First Appeal is accordingly allowed. However, in the circumstances there shall be no order as to cost. JUDGE Rgd.