M D PANCHBHAI Vs. S J FULZELE

JUDGEMENT

(1.) THE petitioner has approached this Court for institution of commission to assess loss to the Trust of Dikshabhoomi and to him; to appoint him as a receiver of the same and to provide police and other protection. We have heard the petitioner in person at length and also learned Advocate Shri C. S. Kaptan for respondent No. 1 and learned Advocate Shri A. M. Gordey for respondent Nos. 2 and 3.

(2.) THE petitioner has submitted before us that no reply has been filed to the petition and since the allegations relating to misappropriation of rupees twenty lacs are untraversed, Dikshabhoomi be placed in his hands.

(3.) LEARNED Advocate Shri C. S. Kaptan, appearing on behalf of the respondent No. 1, has urged before us that in respect of the same subject matter, Civil Suit No. 1 of 1975 has been filed by the petitioner before the District Judge, Nagpur under section 50 of Bombay Public Trusts Act for framing a scheme for removal of trustees which is pending; neither the trust nor all trustees have been made parties and even otherwise in the background of the litigation, there is no merit in this petition. Learned Advocate Shri Gordey supported the submissions made by learned Advocate Shri Kaptan.