Kishor K Mehta vs. Rekha H Sheth
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Order Issued After Hearing
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6 Feb 2014
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Order Text
| 2f | ITEM NO.5 | COURT NO.10 | SECTION IX | |||
|---|---|---|---|---|---|---|
| S U P R E M E C O U R T O F<br>RECORD OF PROCEEDINGS | I N D I A | |||||
| Petition(s) for Special Leave to Appeal (C) | No(s). | 3772/2014 | ||||
| (Arising out of impugned final judgment and order dated 04/02/2014<br>in CA No. 329/2014,04/02/2014 in WP No. 735/2014 passed by the<br>High Court of Judicature at Bombay) | ||||||
| KISHOR K MEHTA | Petitioner(s) | |||||
| VERSUS | ||||||
| REKHA H SHETH & ORS | Respondent(s) | |||||
| (With application for correction, directions and modification of<br>court's order and interim relief and office report) | ||||||
| WITH<br>SLP(C) No. 3579/2010<br>[CHARU KISHORE MEHTA V. CHETAN P. MEHTA & ORS.]<br>(With application for vacating interim order, condonation of delay<br>in filing SLP, directions, interim relief and Office Report) | ||||||
| SLP(C) No. 40005-40006/2012<br>[CHARU K. MEHTA V. LILAWATI KIRTILAL MEHTA MEDICAL TRUST & ORS.]<br>(With application for directions, permission to implead more<br>respondents, permission to file additional documents and prayer<br>for interim relief and Office Report) | ||||||
| S.L.P.(C)CC No. 12917/2013<br>[CHARU KISHOR MEHTA V. RANJIT VAGHANI & ORS.]<br>(With application for condonation of delay in filing SLP and<br>Office Report) | ||||||
| Date : 09/09/2014 These petitions were called on for hearing today. | ||||||
| CORAM : | HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA<br>HON'BLE MR. JUSTICE SHIVA KIRTI SINGH | |||||
| For Petitioner(s)<br>In all SLPS | Mr.<br>Ms.<br>Mr.<br>Mr. | Salman Khurshid, Sr. Adv.<br>Kamini Jaiswal, Adv.<br>Manish Tiwari, Adv.<br>Ajay Bhargava, Adv. | ||||
| Signature Not Verified | ||||||
| Digitally signed by<br>Kalyani Gupta | Ms. | Vanita Bhargava, Adv. | ||||
| Date: 2014.09.11<br>15:52:00 IST | Mr. | Nitin Mishra, Adv. | ||||
| Reason: | Mr.<br>For | Pallav Paut, Adv.<br>M/s. Khaitan & Co., Advs. | ||||
| PAGE NO. 1 OF 6<br>For Respondent(s) | ||||||
| For RR 5 | Dr.<br>Mr.<br>Ms.<br>Mr. | Ashwani Kumar, Sr. Adv.<br>Ajay Kumar, A.O.R.<br>Sangeeta Bharti, Adv.<br>Krishanu Adhikary, Adv. | ||||
| For RR 9 & 10 | Ms. | Indu Malhotra, Sr. Adv. |
| Mr.<br>Kush Chaturvedi, A.O.R.<br>Mr.<br>Jayant Ashar, Adv. | |
|---|---|
| Mr.<br>Varun Singh, Adv. | |
| For State of | |
| Maharashtra | Mr. Aniruddh P. Mayee, A.O.R. |
| Mr. Charudatta Mahindrakar, Adv. | |
| Mr. A. Selvin Raja, Adv. | |
| For Interim Board | Mr. Rohit Sharma Adv. |
| Mr. B. Subrahmanya Prasad, Adv. | |
| For RR 6 | Ms. Rekha Pandey, A.O.R. |
| For RR 1 | Ms. Prerna Mehta, A.O.R. |
UPON hearing counsel the Court made the following O R D E R
An affidavit filed in Court by respondent No. 1 is taken on record.
After hearing Mr. Salman Khurshid, learned Senior Advocate for the petitioners, Dr. Ashwani Kumar, learned senior counsel for respondent No. 5 Ms. Indu Malhotra, learned senior counsel for respondent Nos. 9 and 10 and Mr. Rohit Sharma, learned counsel appearing for the Interim Board appointed by this Court on 21st May, 2014 and after perusing the order of the Bombay High Court dated
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27th February, 2009 passed in First Appeal No. 2667 of 2007 along with connected appeals as well as Cross Objection No. 584 of 2008 and Civil Application No. 5148 of 2008, we are convinced that, in the first instance, a direction has to be issued to the Charity Commissioner, Mumbai to scrupulously implement the direction issued by the High Court at Mumbai in the order dated 22nd February, 2009. Paragraphs 4, 5, 7 and 8 of the said order are as under:
"4. On behalf of the appellants a request has been made before the Court to expedite the disposal of the change reports that are pending before the Assistant Charity Commissioner in relation to Defendant Nos. 10 to 13. these change
reports are respectively change Report No. 1466 of 2006, 403 of 2006, 1467 of 2006, 1564 of 2006 and 1565 of 2006. The Court has been informed by the learned counsel that the adjudication into the change report in relation to Defendant No. 10 has been stayed consequent upon an order passed by the Supreme Court on 16 th May, 2007 in Special Leave Petition 9992 of 2007. The order of the Supreme Court has been passed in a Special Leave Petition filed by the Plaintiff to the suit in the proceedings before the City Civil Court. Counsel appearing for the Plaintiff has stated on instructions that in order to facilitate an expeditious disposal of the change report pertaining to Defendant No. 10, the Plaintiff is advised to move an application for the withdrawal of the Special Leave Petition. 5. All the learned counsel appearing for the parties are agreed that the
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interests of justice would warrant that the change reports pertaining to Defendant Nos. 10, 11, 12 and 13 be heard and disposed of by the Assistant Charity Commissioner and in order to effectuate this, suitable orders of expedition may be passed by this Court. The learned counsel are agreed that sequentially the change report pertaining to Defendant No. 10 should be taken up for hearing first, upon which the change reports in relation to Defendant Nos. 11, 12 and 13 may be taken up. Accordingly by consent there shall be a direction to the effect that the Charity Commissioner may assign all the change reports afore-stated to one Assistant Charity Commissioner in order to ensure expeditious disposal. All the change reports, it is agreed, shall be disposed of by a final order to be passed on the same day.
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The parties, it is agreed, shall appear before the Charity Commissioner for receiving directions on 6th March, 2009. On the aforesaid date the Charity Commissioner is requested to pass the necessary orders for assigning the change reports to one of the Assistant Charity Commissioners. The Assistant Charity Commissioner may consistent with the exigencies of his own work endeavour to make an expeditious disposal of the change reports preferably by the end of 30th September, 2009.
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The First Appeals are accordingly disposed of by consent since no other point is pressed on either side. In view of the disposal of the First Appeals, by consent all interim orders shall stand vacated." [Emphasis added]
issued by the High Court at Mumbai by the consent of all the parties, the Change Report Nos. 1466/2006,
PAGE NO. 4 OF 6 403/2006, 1467/2006, 1564/2006 and 1565/2006 are still pending and no orders have been passe d. Though it was contended on behalf of the parties that there were certain difficulties for the Charity Commissioner to assign the work to any particular Assistant Commissioner as the posts were l ying vacant or for some reason or other, we are of the view that we can now issue a definite direction to the Charity Commissioner to post the above Change Reports before one of the Assistant Commissioners within one week from the date of production of a copy of this order with a specific mandate that the assigned officer namely, the Assistant Chari ty Commissioner should take up the above Chang ed Reports for hearing and proceed with the applications on day to day basis and dispose of the same within a period of three months from the date of such assignment to him. We also direct the parties in the above Change Reports to appear before the Charity Commissioner right from the f irst hearing date to be fixed by the Assistant Charity Commissioner and extend full cooperation for the disposal of those change reports within the t ime stipulated by this Court. If for any reason any of
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the parties fail to appear or seek for any
adjournment, the Assistant Charity Commissioner will be at liberty to set him ex parte and proceed with the hearing of the change reports and pass final orders. The above direction shall be complied with, both by the Charity Commissioner and the Assistant Charity Commissioner and a Report be filed in this Court on conclusion of the proceedings of the above change reports.
De hors the specific directions relating to the above five change reports, there shall be no impediment on the Assistant Charity Commissioner to take up other change reports pertaining to this institution and pass orders. It is needless to state that failure to adhere to the specific directions issued in this order will be viewed very seriously and appropriate action will be taken against the person concerned.
Post the matters on 19th September, 2014.
COURT MASTER COURT MASTER
[KALYANI GUPTA] [SHARDA KAPOOR]
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