TAHER ALIMOHOHAMAD POONAWALA Vs. QUIZAR SHAIKH NOMANBHOY

JUDGEMENT

(1.) THIS is an appeal against order dated 28th October, 1982 passed by the Court of 6th Extra Assistant Judge,. Pune in Miscellaneous Application No. 171 of 1979. This appeal is preferred by one Taher Alimohohamad Poonawala (original respondent No. 3 in Misc. Application No. 171 of 1979 ).

(2.) ON 9th February, 1976, the Charity Commissioner, Maharashtra State, Bombay issued a notice under section 50a (2) of the Bombay Public Trusts Act, 1950 numbered as Misc. Proceeding No. 50a/185 of 1975. It was recited in the said notice that the learned Charity Commissioner was of the opinion that (1) Anjuman-e-Taheri Trust B-151 (Poona) and (2) Saifi Mahal Trust B-150 (Poona) ought to be amalgamated and a common scheme was necessary for such amalgamation and in the interest of the proper management and administration of the two trusts referred to therein. By the said notice, the trustees of the two trusts were called upon to show cause as to why the said trusts should not be amalgamated and as to why a common scheme should not be settled in the interest of the proper management and administration of the said trusts. No grounds in support of the proposed amalgamation or the relevant materials justifying issue of such notice were disclosed in the said notice. It appears that prior to issue of the said notice, the Charity Commissioner had passed an order. A copy of the said order is made available to this Court. A copy of the said order is at page 22 of the appeal paper book. The said order reads as under :---

(3.) THE said order also does not disclose any factual data or materials or formulated grounds on the basis of which the Charity Commissioner formed prima facie opinion for commencing suo motu inquiry for proposed amalgamation of the two trusts referred to herein above. The said proposal was vehemently opposed on behalf of the two trusts. The said proposal was supported by the appellant as well as Shri K. A. Poonawala, the respondent No. 4.