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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

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
                                                                                                       1/2
         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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