-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3014 OF 2008 Cyrus G. Mazkoori ...Petitioner versus Local Spiritual Assembly of the Baha's of Pune and ors. ....Respondents Petitioner in person present. Mr. Mehul Shah and Mr. Pratik Pawar, instructed by M/s. AZB & Partners for respondent Nos. 1 (a) to (d) Mr. S.D. Rayrikar, Assistant Govt. Pleader, for respondent No.2. CORAM: P.B. MAJMUDAR, J. DATE: JUNE 20, 2008. P.C. By filing this petition under Article 227 of the Constitution of India, the petitioner has challenged the order passed by the Joint Charity Commissioner, Pune dated 21st February, 2008, passed below Exhibit-19 in Application No. 7 of 2007. The petitioner has also challenged the order passed by the Joint Charity Commissioner, Pune Region, Pune, order below Exhibit-7. By the said impugned orders, the Joint Charity Commissioner has rejected the applications preferred by the petitioner. 2. It is the case of the petitioner that opponent Nos. 1 (a) and 1 (b) are not the Indian nationals. According to the petitioner, therefore, they are required to be suspended from the trusteeship of the Trust. The further -2- case of the petitioner is that opponent Nos. 1 (a) and 1 (b) being foreign nationals, they cannot act as trustees without the permission of the Charity Commissioner and on that ground it is prayed that they may be suspended. The Joint Charity Commissioner has found that the charge is not yet framed and that at such a stage no order can be passed. The Joint Charity Commissioner has also rejected the application of the petitioner for issuance of summons or notice to the Foreign Registration Office and for production of records. The party in person has challenged both the said orders on the ground that respondent Nos. 1 (a) and 1 (b) being foreign nationals they are not entitled to act as trustees as such. 3. In my considered view, when a substantive application is pending before the Joint Charity Commissioner, Pune, an interim application was not called for as ultimately charges are required to be framed, which has not been done in this case and it is not in dispute that the original application is still at large before the Joint Charity Commissioner. Considering this aspect, this Court would not like to interfere with the orders impugned in this petition. Hence this petition is dismissed. 4. It is , however, clarified that the observations of the Joint Charity Commissioner, while deciding Exhibit-7, should be treated as tentative in nature and it will have no bearing while deciding the main application which -3- is filed under Section 41-D of the Bombay Public Trusts Act and that application should be decided on its own merits and as per evidence on record and in accordance with law. Subject to above, the petition is rejected. 5. It is clarified that on the merits of the issue, this Court has not gone into the merits of the case as main proceedings are pending for disposal and it is for the Joint Charity Commissioner to dispose of the same in accordance with law. P.B. MAJMUDAR, J.