Bombay High Court

F.N. SOCIAL EDUATIONAL AND MEDICAL CHARITIS TRUST THROU. LAZARUS S CHINNAPPAversusTHE JOINT CHARITY COMMISSIONER AND ANR

Decided: 17 August 2026
Disposal: Disposed Off

Holding

In the absence of a stay, the Charity Commissioner was justified in implementing the order, and the petitioner must seek relief from the appellate authority.

Summary

The F.N. Social Educational & Medical Charities Trust filed a writ petition challenging the Charity Commissioner’s implementation of an order issued in Change Report No. 1193/1997. The petitioner claimed it had filed an appeal but no stay was granted, and an application was later filed stating that no appeal or revision had been preferred. The Court observed that, in the absence of a stay by the higher court, the Charity Commissioner was justified in executing the order on 4 February 2000. It held that the appropriate remedy for the petitioner is to obtain a stay or other relief from the appellate authority where the appeal is pending. Accordingly, the writ petition was disposed of.

Issues considered

Whether the Charity Commissioner could lawfully implement the order in Change Report No. 1193/1997 in the absence of a stay.
Whether the petitioner’s remedy lies with the appellate authority pending the appeal.

Subjects

Charity Law
Writ Petition
Stay of Order
Appellate Remedy
Bombay High Court

Judgment

                                                                       33-WP-10459-2026.DOC

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO. 10459 OF 2026


                   F.N. Social Educational & Medical
                   Charities Trust                                         ..Petitioner

                           Versus

                   The Joint Charity Commissioner & anr.               …Respondents


                   Mr. Malhar Zatakia i/b Mr. Shantanu Shetty, for Petitioner.

                   Mr. A C Bhadang, AGP for Respondent No. 1.

                                              CORAM :        N. J. JAMADAR, J.
                                              DATE     :     17th August 2026

                   P.C.:

                   1.      Heard the learned Counsel for the petitioner.

                   2.      The petitioner is aggrieved by the action taken by the

                   Charity Commissioner pursuant to the order passed in Change
SAINATH
SANJAY
BODKHE             Report No. 1193/1997.
Digitally signed
by SAINATH
SANJAY BODKHE
Date: 2026.08.19
10:07:13 +0530     3.      Mr. Zatakia, the learned Counsel for the petitioner

                   submitted that, an appeal was preferred by the petitioner

                   against the said order. However, on 03rd December, 2024, an

                   application was filed before the Assistant Charity Commissioner

                   that no appeal or revision was preferred against the order

                   passed in Change Report No. 1193/1997.



                   SAINATH, PA                         1/2
                                                  33-WP-10459-2026.DOC

4.     The learned Counsel for the petitioner fairly submitted

that, in the Appeal preferred by the petitioner, there is no stay to

the order which was sought to be implemented.

5.     In the absence of stay by the Superior Court, the authority

was justified in implementing the order in Change Report No.

1193/1997 on 04th February, 2000. The proper remedy for the

petitioner is to obtain appropriate order from the Appellate

Authority before which the appeal is pending.

6.     Subject to aforesaid clarification, the Writ Petition stands

disposed.



                                         [N. J. JAMADAR, J.]




SAINATH, PA                        2/2

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