1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8829 OF 2009 The Bombay Diocesan Trust Association Pvt.Ltd and anr .. Petitioners -versus Juliet James and ors .. Respondents. Mr. V.A. Thorat, Senior Counsel i/b Mrs. Gauri K. Jadhav & Tushar K. Jadhav, for the petitioners Mr. R.V. Govilkar, i/b S.S. Aradhye, for the respondent Nos l & 2. CORAM: D.B. BHOSALE, J DATED: 16th October, 2009 P.C. 1. Heard Mr. Thorat, learned Senior Counsel for the petitioner and Mr.Govilkar, learned counsel for the respondent Nos l & 2. Mr. Thorat, learned Senior Counsel submits that service to respondent Nos 3 to l3 is not necessary. 2. This petition is directed against the order dated l5th September, 2009, passed by the Joint Charity Commissioner, Greater Mumbai, Mumbain Region, on the application at Exh.6, in Application No.16 of 2009 (u/s 41 E of the Bombay Public Trusts Act, 1950). The operative part of the order reads thus: 2 ORDER I) Respondent Nos 2 to l3 are hereby restrained from using trust funds for defending criminal case, FIR NO.104/09 and incidental proceedings arising out of it till further orders. II) Issue Notice to Respondent Nos 3 to l3 returnable on 30-9-2009 at 2.30 pm as to why the interim order should not be confirmed III) Respondents are also directed to submit statement of payments made towards the expenses of the criminal case from trust funds. 3. Mr. Thorat, learned Senior Counsel, submits that this order was passed without issuing notice to the trustees. From bare perusal of the order, it is clear that the Joint Charity Commissioner has passed an ad interim order and has issued notice to the respondents. 4. Mr. Thorat submits that he has instructions on behalf of petitioner No.l-Trust and petitioner No.2-Honourary Secretary of the Trust to state that till the application at exh.6 is finally heard, the trust shall not spend from the trust funds for defending Criminal Case ie FIR 104/2009 and incidental proceedings arising out of it. He further seeks direction to the Joint Charity Commissioner to dispose of the application at exh.6 within time frame. In view of the statement made by Mr. Thorat, I am satisfied that this petition can be disposed of by passing the following order. 3 ORDER. I) The statement made by Mr.Thorat, as recorded in the foregoing paragraph of the order, is accepted. II) The Joint Charity Commissioner, shall decide the application at exh.6 as expeditiously as possible preferably within a period of six weeks from today. The petitioner to produce a copy of this order before the Joint Charity Commissioner within a period of l0 days from today. III) Mr. Thorat, on instructions submits that all the trustees will appear through advocate before the Joint Charity Commissioner, within a period of two weeks from today. His statement is accepted. IV) The petitioners are directed to comply with the directions issued in paragraph 3 of the operative part of the impugned order, within a period of four weeks from today. V) In view of the statement made by learned Senior Counsel Mr.Thorat, on behalf of the petitioners and which is recorded and accepted by this order, the impugned order renders ineffective. VI) The Joint Charity Commissioner, shall decide the application at exh.6 on merits in accordance with law and without being influenced by the observations made in this order. VII)All the contentions of the parties are kept open. (D.B.BHOSALE, J)