Bombay High Court

MEHENDRAKUMAR MOHANLAL AJMERAversusASHOK PARASMAL MAJNI AND ORS.

Decided: 9 March 2026
Disposal: Disposed Off
Bench: SHARMILA U DESHMUKH

Holding

The order dated 2 July 2025 is quashed and set aside, and the matter is remanded to the Joint Charity Commissioner for fresh consideration.

Summary

The High Court considered an appeal against a judgment dated 2 July 2025 passed by the Joint Charity Commissioner in an application filed under Section 47 of the Maharashtra Public Trusts Act, 1950. The appellant, a trustee, contended that he was alive, had not received notice of the proceedings, and therefore could not participate. The Court found that the appellant was indeed alive and that the lack of proper notice violated principles of natural justice. Consequently, the Court quashed the impugned order and remanded the application to the Joint Charity Commissioner for a fresh hearing, directing the parties to appear before the Commissioner. The entry of the respondents' names in the Public Trust Register was held in abeyance pending final adjudication.

Issues considered

Whether the order of the Joint Charity Commissioner can be set aside for failure to give proper notice to a living trustee.
Whether the inclusion of the appellant's property in the appointment of trustees is valid.
Whether the application under Section 47 of the Maharashtra Public Trusts Act, 1950, may be reheard afresh.

Legislation cited

Maharashtra Public Trusts Act, 1950 — s. 47

Subjects

Maharashtra Public Trusts Act
Section 47
trustees
notice
quash
remand
public trust register
joint charity commissioner
civil appellate jurisdiction

Judgment

2026:BHC-AS:5104

14 and 15 FA-206-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

FIRST APPEAL NO. 206 OF 2026

Mehendrakumar Mohanlal Ajmera ...Appellant/
Petitioner
Versus
Ashok Parasmal Majni And Ors. ...Respondents

AND
FIRST APPEAL (St.) NO. 5707 OF 2026
——————
Mr. Sanjay Jain, Counsel, Mr. Sanjay Udeshi, Mr. Darshan Ashar i/b Sanjay
Udeshi and Co. for Appellants in FA No. 206 of 2026.

Mr. Ankit Lohiya, Zufiqar Jariwala i/b Jariwala and Associates for
Appellants in FA (St.) No. 5707 of 2026.

Mr. Aseem Naphade i/b Mr. Ravi Kumar Mishra, Ms. Geetanjali, Maneesh
Mishra for Respondents in FA No. 206 of 2026 and FA(St.) No. 5707 of
2026.
——————

CORAM : SHARMILA U. DESHMUKH, J.
DATE : MARCH 9, 2026

P. C. :

1. The order impugned in the present Appeal is the judgment and

order dated 2nd July, 2025 passed by Joint Charity Commissioner in an

application filed by the Respondents under Section 47 of the

Maharashtra Public Trusts Act, 1950 raising various contentions

including the contention that none of the trustees are alive. First

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14 and 15 FA-206-2026.doc

Appeal No. 206 of 2026 has been filed by one of the trustees of the

Trust who was stated to be not traceable in the Application.

2. First Appeal (St.) No. 5707 of 20206 has been filed by Appellant

claiming that the property belonging to the Appellant has been

included while appointing the trustees in the judgment of 2 nd July,

2025.

3. Upon query by this Court, considering that the Appellant in the

First Appeal No. 206 of 2026 is alive and though the notice was

published, the Appellant was unaware of the notice and hence, could

not participate in the proceedings, learned counsel for parties, on

instructions, would submit that the impugned order be quashed and

set aside and matter be remanded to Joint Charity Commissioner for

consideration afresh after hearing the present Appellant who was the

original Respondent No. 3.

4. In light of the said consensus, the impugned judgment dated 2 nd

July, 2025 is hereby quashed and set aside. The Application No. 90 of

2024 is remanded to file of Joint Charity Commissioner to be heard

afresh.

5. The parties to appear before the Joint Charity Commissioner on

23rd March, 2026 at 11:30 a.m.

6. The Joint Charity Commissioner to thereafter, issue further

directions after permitting the parties to file their response.

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14 and 15 FA-206-2026.doc

7. The Joint Charity Commissioner is directed to consider the

application afresh uninfluenced by order dated 2nd July, 2025.

8. It is open for Appellant in the First Appeal (St.) No. 5707 of 2026

to file an appropriate application for intervention in the proceedings

before Joint Charity Commissioner which will be considered on its own

merits and in accordance with law.

9. The consequent act of entering the name of Respondents in the

Public Trust Register to be kept in abeyance till the application is finally

adjudicated by Joint Charity Commissioner.

10. In view of above, nothing survives for consideration in pending

Applications, if any, and the same stand disposed of.

[SHARMILA U. DESHMUKH, J.]

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