JASVANTLAL CHHAGANLAL JARIWALA Vs. GADIWALA KAKA ACHARYA NANJIBHAI

JUDGEMENT

(1.) Mr.R.V. Deshmukh, learned advocate appearing for the appellants and Mr.S.K. Patel, learned advocate appearing for respondent Nos.2, 16 15 to 21 jointly submit that The Imamshah Bava Roza Sanstha Committee by its Resolution No.6 dtd. 25/1/2020 has taken a decision to present a fresh scheme to the Charity Commissioner since the present scheme is more than 80 years old. It is jointly submitted that the new scheme is required since the old scheme is of the year 1939. The new scheme shall take into consideration the interest of all the parties who are interested int the Trust.

(2.) It is directed that the respondent No.2, 15 to 21 - Trustees and the Chairman shall file a fresh scheme before the appropriate forum within a period of 8 weeks from today. In the meantime, the present arrangement shall continue to exist with respect to administering the Trust till appropriate orders are passed by the appropriate forum. The impugned order is modified to the aforesaid extent.

(3.) It is made clear that this Court has not gone into the merits of the case and no observation is made in the merits. All the parties interested in the Trust are at liberty to raise all the contentions as available to them in law. The appropriate forum shall take into consideration all the contentions as raised by the parties after the submission of the fresh scheme by the Trustees and decide the same on its own merits in accordance with law. The appropriate authority is directed to expedite the scheme without being influenced by the earlier orders passed by the Court in earlier proceedings.