Gujarat High Court
Surendrabhai Laxmichand Shah & vs Hirjibhai Chanabhai Savla & on 14 July, 2014
Author: C.L.Soni
Bench: C.L. Soni
C/SCA/2799/2012 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 2799 of 2012
With
CIVIL APPLICATION NO. 6372 of 2014
In
SPECIAL CIVIL APPLICATION NO. 2799 of 2012
With
CIVIL APPLICATION NO. 8143 of 2012
In
SPECIAL CIVIL APPLICATION NO. 2799 of 2012
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SURENDRABHAI LAXMICHAND SHAH & 1....Petitioner(s)
Versus
HIRJIBHAI CHANABHAI SAVLA & 10....Respondent(s)
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Appearance:
Mr. Maulik Nanavati with MR. AAMIR S PATHAN, ADVOCATE for the
Petitioner(s) No. 1 - 2
Mr. Bhargav D. Karia for M/s. BHARGAV KARIA & ASSO, ADVOCATE for the
Respondent(s) No. 1 - 10
Mr. Rutvij Oza, AGP for the Respondent(s) No. 11
RULE SERVED for the Respondent(s) No. 5 - 6 , 8 , 10
RULE UNSERVED for the Respondent(s) No. 1 - 4 , 7 , 9
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CORAM: HONOURABLE MR.JUSTICE C.L. SONI
Date : 14/07/2014
ORAL ORDER
1. Learned Advocate Mr. Maulik Nanavati appearing with learned advocate Mr. Aamir S. Pathan for the petitioners in the main petition who are also the applicants in the civil applications states that considering the nature of disputes involved in the proceedings under section 22A and 50A of the Bombay Public Trusts Act, 1950 ("the Act"
for short) pending before the learned Deputy Charity Commissioner, Page 1 of 3 C/SCA/2799/2012 ORDER at Ahmedabad and the Joint Charity Commissioner at Ahmedabad, since early resolution thereof is required, this Court may dispose of the petition without entering in to merits of the case and give suitable direction to the authorities below for early disposal of the above said two proceedings.
2. Mr. Nanavati however requests that since this Court has already provided in interim order dated 18th November, 2013 that any decision that maybe taken by the newly elected trustees will be subject to further orders that may be passed by the Court in the present proceedings, such direction may be ordered to be continued till the final disposal of the above said two proceedings pending before the authorities below.
3. Mr. Nanavati submitted that if so required, the petitioners may make formal applications before the authorities below for early disposal of the above said two proceedings.
4. To the above said request made by the learned advocate Mr. Nanavati, learned advocate Mr. Bhargav Karia appearing for respondents No.1 to 10 has taken no objection. Learned Asstt. Government Pleader Mr. Rutvij Oza has appeared for respondent No.11.
5. In above view of the matter, the petition stands disposed of without going into the merits of the case.
6. It is however directed that on petitioners' making application to the authorities below in above referred pending proceedings for early disposal of the same, the authorities below shall have due regard to the nature of disputes between the parties and shall appropriately Page 2 of 3 C/SCA/2799/2012 ORDER consider the request of the petitioners for early disposal of the above said two proceedings. It is further directed that any decision that may be taken by the newly elected trustees will be subject to further orders that may be passed in the above referred two proceedings pending before the authorities below. Rule is discharged. Interim relief, if any, stands vacated.
7. In view of the order passed in the main petition, the civil applications will not survive. Hence disposed of as not surviving.
Sd/-
(C.L.SONI, J.) anvyas Page 3 of 3