Final Order 1

Order Details: Chamber summons
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.622 OF 2018
IN
CHARITY APPLICATION NO.15 OF 2017
Shri KirtikumarKhatauDayal,
Trustee, Sheth Lalji Dayal
Amalgamated Trusts & ors. ...Applicants.
Appearances:
Ld. Adv Ms.Tejaswini Chavan for applicant.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 28th March,2019
ORDER
By way of this chamber summons applicants prayed to carry out
amendment to add Charity Commissioner as respondent in Charity
Application.
2. In supporting affidavit of ShriKirtikumarKhatauDayal, Trustee,
Sheth Lalji Dayal Amalgamated Trusts, they submitted that they have
filed the original application against respondent before this Court.
However, applicant has filed Charity Application bearing No.15 of 2017
by way of amendment of addition in the object clause in scheme of
Sheth Lalji Dayal Amalgamated Trusts P.T.R.No. E1827(BOM). The
said trust is amalgamated by an order dt.29,01,1958, which is passed
by Hon.K.M. Vakil in Charity Petition bearing No.155 of 1956. This fact
remained to be mentioned and therefore, they moved this application
MHCC01-004223-2018
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CS 622/2018 .. 2 .. Charity Application No.15/2017
by giving notice to the Charity Commissioner by letter dt.23.05.2017,
which was not considered forced the applicant to approach this Court.
However, at the time of filing of this Charity Application they have not
joined Charity Commissioner as party respondent, who is required to be
there. Therefore, they prayed that chamber summons be allowed and
Charity Commissioner be joined as respondent in the Charity
Application No.15 of 2017.
3. After service of the notice of this chamber summons none
appeared on their behalf. Notice of this chamber summons came to be
served upon Charity Commissioners' Office again on 03.04.2018. But
they have not taken pain to appear and therefore, chamber summons
remains undefended on the part of defendant.
4. Inadvertence on the part of applicant and/or their counsel
supposed to be happened to add Charity Commissioner as respondent
in this application. The presence of Charity Commissioner is necessary
for proper and effectual adjudication of the matter to settle all the
dispute and controversies involved in this matter. Therefore, chamber
summons needs to be made absolute. It will not change the nature of
application nor cause prejudice even to Charity Commissioner if they
are added in the array of respondent as party. In such circumstance,
parties are directed to bear their costs and hence, I proceed to pass the
following order :
O R D E R
1. Chamber Summons No.622 of 2018 in Charity Application
No.15 of 2017 is allowed.
2. Applicants are directed to carry out the amendment as per
schedule attached to the chamber summons and supply
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CS 622/2018 .. 3 .. Charity Application No.15/2017
amended copy of application to other side as well as place
on record.
3. Service affidavit to that effect be tendered on record.
4. Parties to bear their costs.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 28/03/2019 City Civil Court, Gr. Mumbai
Dictated on : 28.03.2019
Transcribed on : 28.03.2019
Signed on : 28.03.2019
kps/
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CS 622/2018 .. 4 .. Charity Application No.15/2017
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
28.03.2019 at 5.23 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 28.03.2019
Judgment/order signed by P.O. on 28.03.2019
Judgment/order uploaded on 28.03.2019
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