1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 244 OF 2009 IN WRIT PETITION NO. 5962 OF 2009 Mr. Pankaj Kowli ).. Appellant Versus Dr. S.S. Rege, Managing Trustee ) Balmohan Vidyamandir Trust and others ).. Respondents Mr. A.Y. Sakhare, Senior Advocate, a/w Mr. Sanjeev Kadam i/b. U.M. Jhaveri for the Appellant. Mr. Prashant Chavan i/b ARA Law for Respondent No.1. Mr. M.P. Rao a/w Mr. Sandeep Shinde i/b Ms.Reshmanani Nathani for Respondent No.2. Mr. Rajiv Patil i/b Mr. R.M. Vasudeo for Respondent Nos.3 to 5. Mr. Sagheer Khan a/w Mr. A. Solkar for Respondent No.8. CORAM : SWATANTER KUMAR, C.J. AND A.M. KHANWILKAR, J. DATED : 29TH SEPTEMBER 2009 P.C. The learned Counsel appearing for the parties before us submit that without prejudice to their rights and contentions on merits of the matter pending before the Charity Commissioner or otherwise and without being influenced by the observations made in the order impugned in the present Letters Patent Appeal, the Appellant herein be permitted to intervene before the Charity Commissioner and he be heard. It is further 2 agreed that the parties will make a joint request to the Charity Commissioner to expeditiously deal with the matter within the time schedule that has been fixed and in any case not later than three months from today. 2. We find the above agreed order to be just, fair and equitable. The Letters Patent Appeal is disposed of in the above terms. The parties would abide by their statements. 3. We make it clear that the question of law relating to Section 41D of the Bombay Public Trusts Act, 1950 raised before us in the present Letters Patent Appeal has not been answered by us and is kept open. CHIEF JUSTICE A.M. KHANWILKAR, J.