ARUN ASHOK JADHAV Vs. RAVINDRA DAGADU GAIKWAD

JUDGEMENT

(1.) The First Appeal has been preferred challenging the order dtd. 22/5/2023 passed by the Joint Charity Commissioner, Pune in Application No. 48 of 2023 filed by the present Appellants under Sec. 41 E of the Maharashtra Public Trusts Act, 1950 ("the MPT Act").

(2.) The Trust in question is Late Sushilabai Gaikwad Bahuudeshiya Sanstha, Solapur which runs a college known as Bharatratna Indira Gandhi College of Engineering. An Application under Sec. 41E of MPT Act came to be filed by the present Appellant seeking injunction against the Respondent Nos 1, 2,4,5 and 8 to 10 restraining them from representing themselves as office bearers on basis of Change Report No 1479 of 2023 and using the signature and seals of the Trust as office bearers and for mandatory injunction against Respondent Nos 1, 2 and 5 to re-deposit the amount of Rs.28,50,000.00 withdrawn from the bank account of the Trust account.

(3.) It was alleged that Respondent No 1 unauthorisedly convened a general body meeting in violation of the provisions of the Constitution and conducted elections of office bearers, and Change Report No. 1479 of 2023 was filed in that regard. Pursuant thereto, the Respondent Nos 1, 2, 4, 5 and 8 to 10 have claimed right to operate the Trust's bank account as office bearers and members of executive committee. The Respondent Nos 8 to 10 were never granted membership of the Trust by any valid executive committee. The trust in question is having various bank accounts which are operated jointly by founder president and treasurer, whose specimen signatures were submitted to the Bank by way of Change Report No. 478 of 2023. Thereafter on the basis of Change Report No. 1479 of 2023 the Respondent No. 1 authorized themselves to operate the Bank accounts. The Bank on receiving the operating instructions obtained legal advice and thereafter accepted the change which was on the basis of the resolution dated 20 th August, 2023. During the period from 25/8/2023 to 9/10/2023, the Respondent Nos. 1, 2 and 5 withdrew total amount of Rs.28,50,000.00 from the bank account out of which Rs.14,50,000.00 was reportedly allocated for employee's salaries, while the remaining amount was withdrawn for personal use.