1Ladda WP No. 7684 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7684 OF 2011 Godrej Sachinwalla & six others .. Petitioners. Versus The Assistant Charity Commissioner, Thane and nine others .. Respondents. Mr Umesh Shetty i/by Sharila D'souza for the Petitioners. Mr A. I. Patel, Assistant Government Pleader for Respondent No.1. CORAM : RANJIT MORE, J. DATED : 28 September, 2011. P.C.: 1. Heard learned counsel for the petitioners and learned A.G.P.for the State. 2. Respondent No.2 - Thana Patell Agiary Co-operative Housing Society Limited filed Misc. application under Section 41 (c) of the Bombay Public Trust Act, 1950 before the Assistant Charity Commissioner, Thane, with following prayers against the petitioners :- “15.1 The application be admitted; 15.2 Please issue notice to the respondents; 15.3 Please direct the respondents 1 to 6 to 2Ladda WP No. 7684 of 2011 submit the bank document and statement of accounts of Account No.004310100047282 for Patell Apartments Flat Owners Association (PAFOA) in the Bank of India, Thane Main Branch. 15.4 Please freeze the bank transactions of Patell Apartments Flat Owners Association as prayed in stay application; 15.5 Please direct the Respondent No. 1 to 6, to produce the proof of their authority and ability to collect the legitimate Society dues for Thana Patell Agiary CHS Limited; 15.6 Please allow the Applicants to modify the application, file the documents, produce the witnesses and furnish further evidence as and when required”. 3. By order dated 10.3.2011 the Assistant Charity Commissioner, Thane ('Charity Commissioner' for short) directed the petitioners to maintain status-quo regarding banking transaction of bank account No. 004310100047282 of Bank of India, till their appearance in the matter and the notice was issued to the petitioners which was made returnable on 22.3.2011. The petitioners received the notice on 21.3.2011. Thereafter, the petitioners filed appearance in the aforesaid Misc.Civil Application filed by the respondent No.2 on 29.3.2011. Learned Charity Commissioner, thereafter, heard respondent No.2 as well as the petitioners and passed the impugned order dated 24.4.2011. By the said order, the matter was transferred 3Ladda WP No. 7684 of 2011 to Inspector for conducting detailed inquiry with reference to the allegations made in the application and Inspector was directed to submit his inquiry report within 45 days of the said order. 4. The only grievance of the petitioners that in view of the status- quo order passed by the Charity Commissioner on 10.3.2011, the Bank of India, Thane Main Branch, Thane is not allowing the petitioners to operate their account. Perusal of order dated 10.3.2011 makes it clear that learned Charity Commissioner granted status-quo regarding banking transactions of the said bank Account No. 004310100047282 till petitioners' appearance in the matter. Petitioners, on 29.3.2011, have already filed their appearance in the misc. application filed by respondent No.2. Perusal of the order dated 24.4.2011 makes it clear that learned Charity Commissioner has not extended or continued the status-quo passed on 10.3.2011. Learned counsel for the petitioners states that to his knowledge the said status-quo is not continued after 29.3.2011, on which date the petitioners filed their appearance in the proceeding filed by respondent No.2. 5. In view of the aforesaid circumstances, the petitioners have no cause of action to file the present petition. Therefore, same is disposed of. 6. It is made clear that this order should not be construed as a stay to the inquiry directed to be made through the Inspector by order dated 24.4.2011. (RANJIT MORE, J.)