Shri Marshall, learned counsel with Shri Mirza, learned advocate submitted under instructions as under:
The affidavits have been filed by two advocates produced at Page nos. 116 and 117 on record. In those affidavits, it is unequivocally mentioned that the concerned District Court refused to even register the appeal sought to be preferred under Section 70 the Bombay Public Trust Act, 1950 against the order dated 30.12.2011.
Shri Marshall, learned counsel further submitted that there exists an order dated 06.10.2005 in Civil Application No. 6311 of 2005 in Special Civil Application No. 6062 of 2005, in this order, the stay in favour of present petitioner is enuring till dated.
The order impugned if permitted to be operative, then, it will have effect of permitting the respondent nos. 2 to 9 to nullify the order of stay.
Shri Marshall, learned counsel has submitted that even as on date also, the affairs are managed by original trustees.
Shri Marshall further submitted that objections of the petitioner Exh. 63 and others, have not been dealt with or considered while settling the scheme.
That the persons requesting for settling the scheme under Section 50A did not have any locus, authority or competence to make such request as, as per the PTR, it could be unequivocally established.
In view of these submissions made under the instructions by learned counsel, let there be a notice for final disposal returnable on 30.03.2012. Status-quo as on date be maintained by all. As this order is passed ex-parte, it goes without saying that the respondents shall have right to approach this court even earlier and prior to the returnable date for vacating / modification of the order with a copy of said application to other side. Direct service permitted today.
(S.R.BRAHMBHATT, J.) pallav Top