When the matter is called out for hearing learned advocate of the private respondents is not present.
Learned advocate for the petitioner contends that the order impugned, passed by the in-charge Deputy Charity Commissioner, Ahmedabad Region of not condoning delay in view of applicability of provisions of Limitation Act in the matter under provisions of the Bombay Public Trusts Act, 1950 [for short, the Act'], which provisions are interpreted in 1962 GLR 117 in view of Section 29 of the Limitation Act vis-a-vis Section 75 of the Bombay Public Trust Act, applicability of limitation is not specifically barred. At the same time, it is submitted that remedy under Section 70 of the Bombay Public Trusts Act against the order impugned is not available in view of the fact that it is not the finding or final order passed under Section 22 of the Act.
Post the matter on 27th September, 2013.
(ANANT S.DAVE, J.) pvv Page 2 of 2