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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.