Case Note & Summary
The petitioners, members of Shrinath Education Society, challenged an order passed by the learned Joint Charity Commissioner condoning a delay of 58 days in filing an appeal by the respondents. The respondents had appealed against an order of the Assistant Charity Commissioner in Enquiry No.1200/2011 dated 6th August 2012. The petitioners argued that the respondents were aware of the order in 2014 itself, pointing to a certified copy of Schedule I of the Public Trusts Register obtained on 11th March 2014, and that the respondent no.1 admitted in cross-examination that his advocate had given him copies of documents. The petitioners also contended that the respondents were not members of the public trust. The respondents supported the impugned order. The High Court examined the impugned order and found that the Joint Charity Commissioner had considered the evidence and cross-examination of respondent no.1 in paragraph 11 of the order and recorded a finding of fact that the reasons given by the respondents explaining the delay were acceptable and constituted sufficient cause. The court held that the discretion exercised by the Commissioner was proper and did not warrant interference. The petition was dismissed, and the rule was discharged with no order as to costs.
Headnote
A) Charity Law - Condonation of Delay - Sufficient Cause - Section 70 of Maharashtra Public Trusts Act, 1950 - The petitioners challenged the order of the Joint Charity Commissioner condoning a 58-day delay in filing an appeal. The court held that the Commissioner had considered the evidence and cross-examination of the respondent and recorded a finding of fact that the reasons for delay were acceptable and constituted sufficient cause. The High Court found no error in the exercise of discretion and dismissed the petition. (Paras 6-7)
Issue of Consideration
Whether the learned Joint Charity Commissioner erred in condoning the delay of 58 days in filing the appeal under the Maharashtra Public Trusts Act.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Condonation of delay
- sufficient cause
- discretion of Joint Charity Commissioner
- limitation for appeal under Maharashtra Public Trusts Act
Case Details
2015 LawText (BOM) (07) 179
Writ Petition No.3740/2015
Shri Mahesh Dhandekar for petitioners, Shri V.V. Bower for respondents
Mrs. Kusum Rajendra Mishra, Shri Rajendra Shrinath Mishra, Mr. Rajnish Yadavrao Pantawane, Mr. Ashutosh Babubai Khatri, Mr. Prakash Baksamal Aswani
Mr. Mahendra Shrinath Mishra, Mrs. Manju Mahendra Mishra
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Nature of Litigation
Writ petition challenging the order of the Joint Charity Commissioner condoning delay in filing an appeal under the Maharashtra Public Trusts Act.
Remedy Sought
Petitioners sought quashing of the order condoning delay of 58 days in filing the appeal.
Filing Reason
Petitioners contended that the respondents were aware of the order earlier and that the delay was not sufficiently explained.
Previous Decisions
The Assistant Charity Commissioner passed an order in Enquiry No.1200/2011 on 6th August 2012. The respondents filed an appeal with a delay of 58 days, which was condoned by the Joint Charity Commissioner.
Issues
Whether the Joint Charity Commissioner erred in condoning the delay of 58 days in filing the appeal.
Submissions/Arguments
Petitioners argued that respondents were aware of the order in 2014 as they obtained a certified copy on 11th March 2014, and respondent no.1 admitted in cross-examination that his advocate gave him copies of documents.
Petitioners also argued that respondents are not members of the public trust.
Respondents supported the impugned order, submitting that the delay was sufficiently explained.
Ratio Decidendi
The Joint Charity Commissioner, after considering evidence and cross-examination, recorded a finding of fact that the reasons for delay were acceptable and constituted sufficient cause. The High Court found no error in the exercise of discretion and declined to interfere.
Judgment Excerpts
The learned Joint Charity Commissioner has considered the evidence and the cross-examination of the respondent no.1 in paragraph no.11 of the impugned order and after considering all the material on the record has recorded the finding of fact that the reasons given by the respondents explaining the delay are acceptable and it can be said that the respondents were prevented by 'sufficient cause' from filing the appeal within the prescribed period of limitation.
Procedural History
The Assistant Charity Commissioner passed an order in Enquiry No.1200/2011 on 6th August 2012. The respondents filed an appeal before the Joint Charity Commissioner with a delay of 58 days. The Joint Charity Commissioner condoned the delay by order dated 28th July 2015. The petitioners challenged this order by filing Writ Petition No.3740/2015 before the Bombay High Court, Nagpur Bench.
Acts & Sections
- Maharashtra Public Trusts Act, 1950: Section 47, Section 70
