Learned counsel for the petitioner has urged that the appeal preferred, challenging the order dated 07.03.2011 being Appeal No.1 of 2011, has neither been disposed of nor has the Appellate Authority/Joint Charity Commissioner decided the prayer for interim injunction against the operation of the impugned order, which has resulted into virtually denied the interim relief and the opportunity to challenge the order, if any. As a result thereof the order operates and it creates a situation where the trust cannot function in accordance with the very trust objects.
Learned advocate, therefore, submits that let there be direction to the Appellate Authority/Joint Charity Commissioner either to dispose of appeal or at least to decide the prayer for interim injunction against the operation of order dated 07.03.2011.
The request appears to be just and proper. The Court is of the considered view that such a request, if made in view of these facts and circumstances, where the appeal is filed in March, 2011 and it is awaiting its final disposal, it is not required to even presence of other side for issuing this direction, as otherwise also, this direction cannot be said to be in any way harming the other party. In fact, it should be an endeavor to all to see to it that the litigation comes to an end as expeditiously as possible.
Hence, the petitioner is at liberty to approach the Appellate Authority/Joint Charity Commissioner within a week from today with appropriate application either for expeditious hearing of the appeal and in alternative decide the application for injunction. If such application is preferred within a week from today, the same shall be decided by reasoned order bearing in mind the facts and circumstances of the case within 20 days therefrom.
In view, of this direction learned counsel Shri Marshall with Shri Kapadia, learned advocate for the petitioner seeks permission to withdraw this petition with a liberty to file fresh petition, in case, if any adverse order is received. The petition is disposed of as withdrawn. No costs.
Direct service is permitted.
(S.R.BRAHMBHATT, J.) Pankaj Top