1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 8736 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 8736 OF 2010 *** 1. The orders passed by Joint Charity Commissioner on 4th June, 2010 below Exhibit-39 suspending petitioners and Respondent No.3 as trustees are questioned in this writ petition along with a subsequent order dated 6th September, 2010 passed by District Judge-1, Amalner holding that appeal against said order, as filed before him, is not maintainable. 2. I have heard Advocate Shri Patil for Petitioner and Advocate Shri Sangit for Respondent Nos.1 and 2. Service upon respondent No.3 is dispensed with as his interest and interest of petitioner is common. 3. During hearing, my attention is invited to order dated 19th November, 2010. There, 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 8736 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. after hearing respective counsel this Court has permitted present petitioners to file their reply/ explanation before the Joint Charity Commissioner. Accordingly, within time stipulated therefor, the said reply/ explanation is placed on record. 4. In view of these orders already passed on 19th November, 2010, it is apparent that as a further consequences the Joint Charity Commissioner has to consider that reply/ explanation and pass fresh orders. 5. Shri Sangit, however, has pointed out that there are interim orders passed ex-parte by this Court and because of it petitioners claim to be in management. He points out that Respondent Nos.1 and 2 are appointed as members of body of fit persons and are authorised to take charge. 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 8736 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 6. In view of the interim orders already operating and also in the above situation, the Joint Charity Commissioner is directed to pass fresh orders on the application filed before him at Exhibit-39 as early as possible and in any case within four weeks from today. For said purpose, orders dated 4th June, 2010 below Exhibit-39 are quashed and set aside. The Joint Charity Commissioner shall after giving opportunity of hearing pass appropriate orders uninfluenced by his earlier order in the matter. 7. Till the Joint Charity Commissioner passes fresh orders the petitioners shall not take any major policy or financial decision in the matter. If taking of any decision or holding of any meeting becomes necessary, the petitioners shall permit Respondent Nos.1 and 2 to participate in such meeting. This adhoc arrangement should not prejudice the rights 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 8736 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. and contentions of rival parties. 8. With these directions and observations, writ petition is partly allowed. However, there shall be no order as to costs. [B.P.DHARMADHIKARI, J.] Dated:14/02/2011. ans/8736