Bombay High Court

MRS. VAISHALI S. JONDHALEversusSHRI. SHIVAJIRAO JONDHALE AND ORS.

Decided: 17 August 2026
Disposal: Disposed Off

Holding

The petition was held to be infructuous and therefore disposed.

Summary

The petitioners sought to challenge an order of the Charity Commissioner that, under Section 36A of the Maharashtra Public Trusts Act, 1950, permitted their trust to obtain a loan by mortgaging its property. Although the permission was granted in 2017, the trust never actually obtained any loan. The petitioners argued that the order should be set aside, but the court held that because the permission was never acted upon, the cause of action no longer existed. Consequently, the petition was deemed infructuous and was disposed of. The court, however, kept all contentions of both parties open for any future proceedings. The order was pronounced by Justice Amit Borkar on 17 August 2026.

Issues considered

Whether the petition is maintainable when the cause of action has become infructuous due to the non‑utilisation of the loan permission granted under Section 36A of the Maharashtra Public Trusts Act, 1950

Legislation cited

Maharashtra Public Trusts Act, 1950 — s. 36A

Subjects

Public Trusts
Charity Commissioner
Section 36A
Cause of Action
Infructuous Petition
Maharashtra

Judgment

                                                                             23-wp-2373-2018.doc


                      Shabnoor
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO.2373 OF 2018

SHABNOOR              Vaishali S Jondhale & Ors.                  … Petitioners
AYUB
PATHAN                            V/s.
Digitally signed by
SHABNOOR AYUB
                      Shivajirao Jondhale & Ors.                  … Respondents
PATHAN
Date: 2026.08.17
15:33:41 +0530

                      Mr. Samjiv Sawant a/w Heramb Kadam & Malhar
                      Baeshwar, for the Petitioner.
                      Mr. Anuj Tiwari i/b V. V. Salonhe, for Respondent No.1.
                      Ms. Leena Patil ‘B’ Panel, for the State – Respondent
                      Nos.2 and 3.
                      Mr. Devendra Shivajirao        Jondhale,   Secretary   of
                      Petitioner Trust is present.


                                                   CORAM    : AMIT BORKAR, J.

                                                   DATED    : AUGUST 17, 2026
                      P.C.:

                      1.      The Learned Advocate for the Petitioners, on instructions
                      from Devendra Shivajirao Jondhale, Secretary of the Trust,
                      submitted that the impugned order was passed by the Charity
                      Commissioner under Section 36A of the Maharashtra Public Trusts
                      Act, 1950 granting permission to the Trust to obtain a loan by
                      mortgaging its property. However, though such permission was
                      granted in the year 2017, the Trust has not obtained any loan till
                      date. Therefore, the cause of action for filing the present petition
                      does not survive.




                                                       1
                                                     23-wp-2373-2018.doc


2.   In view of the above, the petition has become infructuous
and is accordingly disposed of.

3.   All contentions of both the parties are kept open.


                                            (AMIT BORKAR, J.)




                                  2

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