Bombay High Court
RAJESH MEHTAversusTHE JOINT CHARITY COMMISSIONER AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the interim relief sought was unnecessary as the Joint Charity Commissioner was directed to decide the main application, and therefore disposed of the interim application.
Summary
The applicant, Rajesh Mehta, filed an interim application seeking to amend the prayer clauses of his writ petition and to obtain an interim order appointing a fit and proper person as administrator of the Lilavati Kirtilal Mehta Medical Trust, alongside the three undisputed trustees, pending the decision of the Joint Charity Commissioner under Section 41D(3). The relief sought was to stabilize and supervise the trust’s affairs while the main application was pending. The Court examined whether such interim relief was necessary given that the Joint Charity Commissioner had already been directed to decide the main application. It held that the main application’s adjudication by the Commissioner rendered the interim relief unnecessary. Consequently, the Court disposed of the interim application without granting the requested amendment or appointment.
Issues considered
- Whether the interim application for amendment of prayer clauses and appointment of an administrator is maintainable when the main application has been referred to the Joint Charity Commissioner.
- Whether the Court should grant interim relief under Section 41D(3) of the applicable charity legislation pending the Commissioner’s decision.
Legislation cited
- Bombay Public Trusts Act, 1950 — s. 41D(3)
Subjects
- interim relief
- trust administration
- charity law
- appointment of administrator
- amendment of prayer
- Section 41D(3)
- Joint Charity Commissioner
Judgment
sns 57-ia-4765-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.4765 OF 2026
IN
WRIT PETITION NO.7859 OF 2026
Rajesh Mehta … Applicant
V/s.
The Joint Charity Commissioner & Ors. … Respondents
Mr. Ragherth Basant a/w. Adv. Aditya N. Raut, Adv. Utsav Trivedi, Adv.
Richa P. i/by Desai Desai Carrinjee & Mulla LLP for the Applicant.
Adv. O. A. Chandurkar, Addl. GP, Adv. Gauri Raghuvanshi, AGP for the
Respondent-State.
Mr. Ashish Kamat, Senior Advocate a/w. Adv. Rashmin Khandekar, Adv.
Dikshat Mehra, Adv. Devesh Juvekar, Adv. Mithilesh Chalke, Adv. Honey C.,
Adv. Rima Desai, Adv. Minal C., Adv. Monish Bhatia i/by Rajani Associates
for the Respondent No.2.
Mr. Gaurav Joshi, Senior Advocate a/w. Adv. Piyush Raheja, Adv. Ameet
Naik, Adv. Madhu Gadodia, Adv. Vivek Dwivedi, Adv. Vinita Dandekar, Adv.
Aryan Garg i/by Naik Naik & Co, for Respondent No.3.
Mr. Abhay Dhadiwal a/w. Adv. Monish Bhatia, Adv. Vidhi Karia, Adv. Prithvi
Sawla i/by Jayakar & Partners for Respondent No.5.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 24th September, 2026.
P.C.:-
1) By this Application, the Applicant-original Petitioner is seeking
amendment as per Schedule ‘A’ annexed thereto. The Applicant also wants
to amend the prayer clauses and to include the following prayer clauses:
Digitally
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signed by
SUMEDH
SUMEDH NAMDEO
NAMDEO SONAWANE
SONAWANE Date:
2026.10.05
15:10:32
+0530
sns 57-ia-4765-2026.doc
“(c-1) This Hon’ble Court be pleased to appoint, by way of an
interim arrangement, a fit and proper person as an
Administrator to administer the affairs of the Trust along with
the three untainted and undisputed Trustees, i.e. Mr. Sanjay
Shroff, Mr. Kiran Shah and Mr. Mohit Mathur in order to
stabilize, supervise, protect and oversee the functioning,
administration, finances and governance of the Trust i.e. the
Lilavati Kirtilal Mehta Medical Trust and the Hospital run by it,
pending the decision of Respondent No.1 under Section
41D(3) in Application No.10 of 2026.
(c-2) For ad-interim reliefs in terms of prayer (c-1).”
2) By an Order of even date passed in the Petition, as we have
directed the Joint Charity Commissioner to decide the main Application
itself, according to us, the reliefs sought in the present Application need not
be granted and the Application is accordingly disposed off.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
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