Final Order 1

Order Details: Notice of Motion
Pdf Text: N. M. No. 1084/2019 Order
MHCC010028042019 Presented on : 13.03.2019
Registered on : 13.03.2019
Decided on : 01.08.2025
Duration : 06 04 19
Years Months Days
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT
BOMBAY
NOTICE OF MOTION NO. 1084/2019
(CNR NO. MHCC010028042019)
IN
SHORT CAUSE SUIT NO. 3139/2019
1) Mr. Vinayak V. Nalavade,
Age: 75 yrs, Occupation: Director
Listed infra company
R/o. H/7 Palmacres CHS, Mulund (East),
Mumbai - 400081.
2) Mr. Chandrakant G. Chavan,
Age: 74 yrs, Occupation: Consultant,
R/o. 2nd floor Satnarn Apartment, L. T.
Road, C Road, Mulund (East), Mumbai –
400081.
3) Mr. Vijay K. Mane,
Age: 69 yrs, Occupation: Retired bank
official, R/o. 6, Motisagar, Saneguruji
Nagar, Mulund (East), Mumbai - 400081.
4) Smt. Rashmi S. Parab,
Age: 65 yrs, Occupation: Retired school
Principal, R/o. D/34, Saneguruji Nagar,
Mulund (East), Mumbai - 400081.
5) Mr. Suresh N. Parab,
Age: 65 yrs, Occupation: Retired BPT
Employee, R/o. D/34, Ganadhiraj CHS,
Mithagar Road, Mulund (East), Mumbai -
400081.
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6) Mr. Deepak S. Rane,
Age: 50 yrs, Occupation: Service,
R/o. B-14, Bhanudarshan, Arunoday
Nagar, Mulund (East), Mumbai - 400081.
7) Mr. Dnayandev D. Desai,
Age: 70 yrs, Occupation: Retired
employee private company, R/o. Ganesh
Niwas, Bungalow No.8, Road No.2, Opp.
Supriya Dairy, MHADA Colony, Mulund
(East), Mumbai - 400081.
8) Mr. Ramesh R. Rane,
Age: 64 yrs, Occupation: Business,
R/o. 901/902, B Wing, Napple Night,
Balrajeswar Road, Mulund (West),
Mumbai - 400080.
9) Mr. Ashok D. Sawant,
Age: 73 yrs, Occupation: Retired Bank
Official, R/o. A/18, OM Saliprasad CHS,
Mithagar Road, Mulund (East), Mumbai -
400081.
10) Mr. Santosh D. Sawant,
Age: 48 yrs, Occupation: Private sector
Employee, R/o. C/8, Dindayal Nagar, Veer
Savarkar Marg, Mulund (East), Mumbai -
400081.
11) Mrs. Sonal M. Sawant,
Age: 43 yrs, Occupation: Service,
R/o. 11/J/702, Neelam Nagar Phase 2,
Mulund (East), Mumbai - 400081.
12) Mrs. Vibhavari V. Shinde,
Age: 63, Occupation: Retired school
Principal, R/o. 702, Heramba CHS, Kesar
Baug, opp. Railway Station, Mulund
(East), Mumbai - 400081.
13) Mrs. Smita S. Shitole,
Age: 58 yrs., Occupation: Houswife,
R/o. F/9, Prathamesh CHS, Mahakali
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Nagar, Vidyalaya Marg, Mulund (East),
Mumbai - 400081.
14) Mr. Arvind R. Sakpal,
Age: 74 yrs., Occupation: Retired Bank
Official, R/o. C/601, Watsalyadeep CHS,
90 Feet Road, Mulund (East), Mumbai -
400081.
15) Mr. Dilip R. Talekar,
Age: 46 yrs, Occupation: Govt service
R/o. C/18, Bhanudarshan, Arunoday
Nagar, Mulund (East), Mumbai - 400081.
16) Mr. Subhash R. Tilve,
Age: 70 yrs, Occupation: Retired bank
official, R/o. E/12, Prathamesh CHS,
Mahakali Nagar, Mulund (East), Mumbai
- 400081.
17) Mr. Janardhan V. Rane,
Age: 79 yrs, Occupation: Retired mill
employee, R/o. A/7, OM Saiprasad CHS,
Mithagar Road, Mulund (East), Mumbai -
400081.
18) Mr. Manohar P. Sawant,
Age: 78 yrs, Occupation: Retired private
sector, R/o. H/1, Gurupushamrut CHS,
Vidyalay Marg, Mulund (East), Mumbai -
400081.
19) Mr. Satyavijay B Rane,
Age: 68 yrs, Occupation: Retired bank
official, R/o. B/9, Dindayal Nagar, Veer
Savarkar Marg, Mulund (East), Mumbai -
400081.
20) Mrs. Neelambari Desai Bhosle,
Age: 51, Occupation: Housewife,
R/o. B/40, Sagar Boir, Nagar, Vidyalay
Marg, Mulund (east), Mumbai - 400081. … Plaintiffs
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N. M. No. 1084/2019 ... 4 … Order
Versus
1) Shri. Ramesh Raghunath Shirke,
President, Maratha Mandal Mulund,
Mumbai (trust), C/204 Niranjan
Apartment, Hira Nagar, Mulund (West),
Mumbai - 400080.
2) Shri Ajay Sitaram Khamkar,
General Secretary, Maratha Mandal
Mulund, Mumbai, B6/1 Jeevan Nagar,
Mithagar Road, Mulund (West), Mumbai -
400081.
3) Shri Mahesh Shrikrishna Chavan,
Chairman, Maratha Mandal Mulund,
Mumbai, B/1204 Sagar Garden, LBS
Marg, Mulund (West), Mumbai - 400080.
4) Shri Suresh Genubhau Dumbre,
Vice President of Maratha Mandal
Mulund, Mumbai.
5) Shri Sudam C. Mahamunkar,
Vice President of Maratha Mandal
Mulund, Mumbai.
6) Shri Rajan Gopalrao Bhosale,
Joint Secretary of Maratha Mandal
Mulund, Mumbai.
7) Shri Santosh P. Sawant,
Joint Secretary of Maratha Mandal
Mulund, Mumbai.
8) Shri Arun V. Chavan,
Treasurer of Maratha Mandal Mulund,
Mumbai.
9) Shri Pramod D. Desai,
Treasurer of Maratha Mandal Mulund,
Mumbai.
10) Smt. Chitra Arun Dhuri,
Managing Committee Member of Maratha
Mandal Mulund, Mumbai.
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11) Shri Digambar D. Rane,
Managing Committee Member of Maratha
Mandal Mulund, Mumbai.
12) Smt Rashmi G. Rane,
Managing Committee Member of Maratha
Mandal Mulund, Mumbai.
13) Shri Vasant S. Bhosale,
Managing Committee Member of Maratha
Mandal Mulund, Mumbai.
14) Shri Nandkumar Y. Mane,
Managing Committee Member of Maratha
Mandal Mulund, Mumbai.
15) Shri Shivaji J. Sawant,
Managing Committee Member of Maratha
Mandal Mulund, Mumbai.
16) Shri Sachin B. Patil,
Managing Committee Member of Maratha
Mandal Mulund, Mumbai.
17) Shri Hemant S. Lad,
Managing Committee Member of Maratha
Mandal Mulund, Mumbai. … Defendants
CORAM : HIS HONOUR JUDGE, A. C. DAGA
: COURT ROOM NO. 61
DATE : 01.08.2025
Appearances: -
None for Plaintiffs.
None for Defendants.
ORDER
(Dictated and pronounced in open Court)
Instant Notice of Motion is filed by the Plaintiff No.8
for grant of temporary injunction restraining the Defendants or
any person claiming through them from conducting the business of
the SGM of the said Maratha Mandal, Mulund, Mumbai to be held
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on 03.03.2019 beyond the agenda No.1. It is pleaded in the Notice
of Motion that the Defendants are trying to conduct a meeting
beyond the agenda and therefore, they are required to be
restrained.
2. Defendants No.1, 5 and 15 have filed their Reply and
opposed the Notice of Motion. They have also pleaded that this
Court does not have jurisdiction.
3. Considering rival pleadings, following Points arise for
my determination and I have recorded my findings against each of
them for the reasons given below: -
Sr.
No. Points Findings
1 Whether Plaintiff has made out prima-
facie case? :: No.
2 Whether balance of convenience lies in
favour of Plaintiff? :: No.
3 Whether irreparable loss will be caused
to the Plaintiff in case injunction as
prayed is not granted?
::
No.
4 What Order?
::
Notice of
Motion is
rejected as
per final
Order.
REASONS
As to Points No. 1 to 3: -
4. This Court while passing the Order after hearing both
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the sides on 02.03.2019 rejecting ad-interim relief has already held
that the suit appears to be regarding administration of it, against
the Trust and trustees and therefore, the provisions of Section 51
of the Bombay Public Trust Act, 1950 read with Section 80
squarely applies.
5. In this matter, the Plaintiff wants that the Defendants
should be restrained from conducting any business in the SGM
dated 03.03.2019. We are in 2025, as such, the purpose for which
instant Notice of Motion is moved does not survive. As in 2025
there will be no meeting of 03.03.2019. As such, on this count
alone, instant Notice of Motion becomes infructuous. Secondly, a
Trust cannot be restrained from conducting SGM and to pass
resolutions in the SGM. It is the Charity Commissioner who can
issue directions to trustees and other persons under the Bombay
Public Trust Act, 1950, so that the Trust is properly administered.
As the Notice of Motion becomes infructuous, therefore, Plaintiff
has failed to make out prima-facie case. Balance of convenience
does not lie in favour of Plaintiff. No irreparable loss will be caused
the Plaintiff in case injunction as prayed is not granted.
Accordingly, I answer Points No.1 to 3 in the negative.
As to Point No. 4: -
6. Having answered all the Points in summons substance,
I pass the following Order: -
ORDER
1. Notice of Motion is rejected.
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2. Accordingly, Notice of Motion No.1084/2019 stands
disposed off.
DATE: - 01.08.2025 (A. C. DAGA)
JUDGE, CITY CIVIL COURT,
GR. MUMBAI.
Dictated on : 01.08.2025
Transcribed on : 01.08.2025
Checked on : 01.08.2025
Signed on : 01.08.2025
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N. M. No. 1084/2019 ... 9 … Order
"CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER"
DATE: 02.08.2025, AT 05.45 P. M. Siddhesh S. Shirke
STENOGRAPHER (GRADE-I)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
no.)
: SHRI A. C. DAGA, (C. R.
NO. 61)
Date of pronouncement of
Judgment/Order : 01.08.2025
Judgment/Order signed by the P. O.
on : 01.08.2025
Judgment/Order uploaded on : 02.08.2025
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