BABUBHAI DAHYABHAI PATEL Vs. PRAVINCHANDRA UMIYASHANKAR YAGNIK

JUDGEMENT

(1.) THIS petition has been filed praying for following reliefs:

(2.) AS can be seen from prayer clause [A] three separate proceedings have been challenged. The first proceeding is in relation to Application No.62 of 1997 pending before Joint Charity Commissioner at Vadodara. Though it is stated that the copy of the said application has been annexed at Annexure -G what is available in fact at Annexure -G is an application seeking interim relief. The learned advocate for the petitioner has placed on record application Annexure -G which is an application moved under Section 41A of the Bombay Public Trusts Act, 1950 (the Act).

(3.) ON going through the said application it appears that respondent No.1 herein has moved the said application under Section 41A of the Act before the Joint Charity Commissioner praying for various directions as stated in the application. Section 41A of the Act stipulates that subject to the provisions of the Act, it will be open to the Charity Commissioner to issue directions to any trustee of a public trust or any person connected therewith to ensure that such trust is properly administered and the income thereof is properly accounted for or duly appropriated and applied to the objects and for the purposes of the trust. The contention raised on behalf of the petitioner is that various statements made in the application moved under Section 41A of the Act relate to past disputes between the parties, more particularly in relation to change reports filed in 1994, and litigation ensuing on the basis of such change reports; therefore, this application under Section 41A of the Act moved by respondent No.1 merely amounts to abuse of process of law for the purposes of harassing the petitioner.