1 caw893.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.893 OF 2010 IN WRIT PETITION NO.5698 OF 2010 Arvind Thakorlal Vaidya & Anr. ...Applicants vs. Deepak Motiram Ghone & Ors. ...Respondents Mr.S.S.Kulkarni for the applicants Mr.N.V.Walawalkar with Mr.S.S.Shah for respondent Nos. 1 to 6 Mr.R.M.Patne, A.G.P for respondent Nos.10 to 11 CORAM :A.S.OKA,J. DATE : SEPTEMBER 3, 2010 P.C. 1 Heard the learned counsel for the applicants. The first prayer in this application is for stay of proceedings of change reports pending before the Deputy Charity Commissioner. The submission of the learned counsel for the applicants is that the change reports proceed on the footing that certain new trustees have been appointed. He submitted that in view of clause (iv) of the order dated 27 th November 2007, the contesting respondents could not have appointed new trustees. He submitted that the action of the contesting respondents of appointing new trustees is in breach of order dated 27 th November 2007 passed by this Court. He also pressed for relief against the alleged newly appointed trustees for preventing them from acting as trustees. 2 As of today, the change reports have not been decided by the Deputy Charity Commissioner. If according 2 caw893.sxw to the applicants, the appointment of the new trustees is illegal, the said objection will have to be raised by the applicants before the Deputy Charity Commissioner before whom the change reports are pending. The said objection will have to be gone into by the Deputy Charity Commissioner. If grievance of the applicants is that the concerned respondents have allegedly violated the clause (iv) of the order dated 27 th November 2007, it is for them to take out appropriate proceedings for initiating the appropriate action against the persons who have allegedly violated the orders of this Court. The prayer for restraining the alleged newly appointed trustees from acting as trustees cannot be granted in this writ petition especially when the change report proceedings are pending before the Deputy Charity Commissioner. 3 Hence, no relief can be granted in this application and the same is disposed of by keeping all the objections of the applicants to the change reports expressly open. If according to the applicants any of the parties to the writ petitions have allegedly committed breach of clause (iv) of order dated 27 th November 2007, it is for the applicants to take out appropriate proceedings in that behalf. 4 All contentions of the parties in the change report proceedings are kept open. JUDGE