:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL NO.554 OF 2008 WITH CIVIL APPLICATION NO.1384 OF 2008 Stephen Rajarathnam. ..Appellant. Vs. The Anglo Scottish Education Society and ors. ..Respondents. Ms. P.G. Bhatia for the Appellant. Mr.N.P.Pandit for the Respondents. CORAM: R.S. MOHITE, J. DATE : 02nd June,2008 P.C. P.C. P.C. 1. Heard both sides. 2. The impugned order remands the matter for fresh enquiry to the Dy. Charity Commissioner. On perusal of the impugned order, it is seen that the court remanded the matter on the finding that the roznama did not indicate that fixed dates were given in the matter. I have perused the roznama. It is seen that on 4.2.2004, matter was adjourned but no further date was given. The next date was 8.7.2004. My attention is drawn to the fact that prior to that, notice was sent to two persons. The roznama indicates that in fact, the reporting trustees were represented by an Advocate. There was no reason as to why the Advocate appearing in the matter could not have been given notice. There is dispute that :2: two persons were given notice who were the proper representatives of the trust. This is not a fit case to interfere in the impugned order. It would be desirable that enquiry should be completed after giving opportunity to both the sides for leading evidence. Hence, appeal is dismissed. It would be desirable that the enquiry would be concluded as early as possible and in any case before 31.12.2008. Civil Application No.1384 of 2008 1. In view of the order passed in the main appeal, civil application is disposed off. (R.S. MOHITE, J.)