(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) The applicant had complained of the respondents not obeying the order of satus-quo dated 11.11.2011 passed by the Joint Charity Commissioner in Misc. Application No.25/2011. With such grievance the present contempt petition was filed.
On 29.2.2012, we had issued notice only to respondent no.4. Learned counsel Shri Damani appeared for the said respondent and also filed his affidavit dated 17.3.2012.
Status-quo order granted by the Charity Commissioner pertained to authorisation for operating the bank accounts of Shri Bharatimaiya Memorial Foundation trust. On the allegations that despite such order of status-quo, respondents had written to the State bank of India where the bank account of the trust is running, to change the authorisation, the present contempt petition is founded.
Learned counsel Shri Damani for respondent no.4 stated that there was no intention to flout the order of Charity Commissioner. What was conveyed was the previous resolution of the trust which was passed prior to the Charity Commissioner issued order of status-quo on 11.11.2011. Learned counsel Shri Nanavati for the petitioner vehemently contended that such communication was made after passing of the order of status-quo.
Learned counsel Shri Damani however, stated that the respondent no.4 shall issue further clarificatory communication to the said bank withdrawing earlier request for change in authorisation and to maintain status-quo as directed by the Charity Commissioner. He further stated that similar communication was also sent to Bank of Baroda, Sarvodaya Sahakari Bank ltd and the Manager SBI, Poona Kumbari Branch. He stated that to such banks also similar clarificatory communications will be sent.
Counsel additionally tendered unconditional apology on behalf of respondent no.4 as well as respondent no.2 Chairman of the trust.
In view of such statement, we are not inclined to take any further action in the present contempt petition. Same is therefore, disposed of. Notice is discharged.
(Akil Kureshi,J.) (C.L.
Soni,J.) (raghu) Top