- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2920 OF 2007 1.Sugandh S/o.Prasad Shinde. and another. ...Petitioners VS. 1.The State of Maharashtra and others. ...Respondents --- Mr.Ashok Gade, for Petitioners. Mr.V.S.Gokhale, A.G.P. for Respondent nos.1 & 2. CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & V.M.KANADE, JJ. V.M.KANADE, JJ. V.M.KANADE, JJ. DATED: 13th February,2008. DATED: 13th February,2008. DATED: 13th February,2008. P.C. P.C. P.C.: 1. Heard the learned Counsel appearing for both the sides. The petition has been filed principally for transfer of the proceedings which are pending before the Respondent no.2. There are serious allegations made against the respondent no.3. The respondent no.3 has been served with the copy of the petition but he has chosen to remain absent. The proceedings are pending before the respondent no.2. This Court by order dated 17.10.2006 passed in Writ petition no.6899 of 2006 has directed the respondent - 2 - no.2 to decide the application, but he has not yet decided the application. 2. Taking overall view of the matter therefore, in our opinion, the following order would meet the ends of justice:- . In case the petitioners move an application before the Charity Commissioner within a period of two weeks from today for transfer of the proceedings from the respondent no.3, the Charity Commissioner shall, after granting an opportunity of being heard as per the law, pass order on the application as expeditiously as possible in any case within a period of six weeks from the date on which the application is filed by the petitioners. . The petitioners before filing application before the Charity Commissioner shall serve a copy of the application on the respondent no.3 as also the parties to the proceedings and shall file acknowledgment alongwith their affidavit before the Charity commissioner. . It is clarified that the order passed by this Court in writ petition no.6899 of 2006 dated - 3 - 17.10.2006 shall not come in the way of the Charity Commissioner in transferring the proceedings from respondent no.3, if the Charity Commissioner finds that such transfer is necessary. (D.K.Deshmukh, J.) (V.M.Kanade, J.) ---