CASE NO.: Appeal (civil) 6761 of 2001 PETITIONER: Chandrakant Bhagchand Sanghavi & Ors RESPONDENT: Gujarathi Jain Visa Oswal S.M.P.M.S.Dharmarth Trust & Ors DATE OF JUDGMENT: 14/02/2008 BENCH: Tarun Chatterjee & Harjit Singh Bedi JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO.6761 OF 2001
[With C.A.No.6762 of 2001]
Inspite of service of notice in Civil Appeal Nos.6761 and
6762 of 2001, none appears on behalf of the respondents.
So far as C.A.No.6762 of 2001 is concerned, this appeal
has been preferred against the judgment and order passed by
a Division Bench of the High Court of Bombay holding that in
view of the decision of this Court in the case of Ramchandra
Goverdhan Pandit vs. Charity Commissioner of State of
Gujarat, [AIR 1987 SC 1598], the Letters Patent Appeal filed
against the order of the learned Single Judge was not
maintainable in law. In our view, Civil Appeal No.6762/2001
has now become infructuous, in view of the fact that the said
appeal was filed against the original order of the learned Single
Judge in respect of which Civil Appeal No.6761 of 2001 has
been filed. Accordingly, this appeal being Civil Appeal No.
6762/2001 having become infructuous is disposed of
accordingly. So far as C.A.6761 of 2001 is concerned, we find
that the learned Single Judge while dismissing the appeal had
not passed any reasoned and speaking order after applying his
mind and after considering the available records. In this view
of the matter, we set aside the impugned order and the matter
is remitted back to the learned Single Judge for
reconsideration of the case after giving hearing to the parties
and dispose of the same after applying his mind, after passing
a reasoned order in accordance with law. The impugned order
is, therefore, set aside and the appeal is allowed to the extent
indicated above. There will be no order as to costs.