Paramanandhan Balasubramanian And ANR v. The Assistant Charity Commissioner Thane And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15152 OF 2025 Paramanandhan Balasubramanian and Anr. ... Petitioners V/s.

The Assistant Charity Commissioner-3, Thane and Ors.

... Respondents Mr. Girish Godbole, Senior Advocate a/w. Mr. Janay Jain a/w. Bhavya Shah a/w. Mr. Shivannsh Jadhav i/b. M/s. A.P. Partners for the Petitioners Mr. O.A. Chandurkar, Addl. G.P. a/w. Mrs. G.R. Raghuwanshi, AGP, for the Respondent - State Mr. Yuvraj Narvankar (through VC) a/w. Ms. Raufa Shaikh, Advocate for the Respondent Nos.2 and 3 Ms. Saba Shaikh i/b. M/s. Abhay Nevagi and Associates, Advocate for the Respondent No.5 - HDFC CORAM : REVATI MOHITE DERE & SANDESH D. PATIL, JJ.

DATE : 21ST NOVEMBER 2025 P.C.

1.

The captioned matter was listed on today's board. 1/7

2.

Learned counsel for the respective parties have tendered the Minutes of Order arrived at between the parties. The same are taken on record. The said Minutes of Order dated 21st November 2025, are reproduced hereunder :- 'MINUTES OF ORDER'

"1. Rule. By consent Rule made returnable forthwith. Considering the nature of the controversy, Service of Rule on Respondent Nos. 4 and 5 is dispensed with. Advocates for Respondent Nos. 1 to 3 waive service of Rule. By consent the Petition is taken up for hearing forthwith.

2. This Court vide order dated February 18, 2025, in Civil Writ Petition No. 1411 of 2025 and 1420 of 2025 has directed various Change Reports and Other Proceedings to be transferred to the Ld. Asst. Charity Commissioner - 3, Thane from the Office of the Ld. Asst. Charity Commissioner - 4, Pune.

3. In this background, until the disposal of the Change Reports by the Ld. Asst. Charity Commissioner - 3, Thane, the bank accounts of the trust namely, Sri Balaji Society Pune (hereinafter referred to as "said trust") would be operated in the following manner:

2/7

(i) Mrs. Thilagavathy Balasubramanian along with Petitioner No. 1 (Mr. Paramanandhan Balasubramanian) and Respondent No. 2 (Mr. Parandhaman Balasubramanian) would be jointly authorized to operate all bank accounts of the said trust.

(ii) Mrs. B. Thilagavathy Balasubramanian along with Petitioner No. 1 and Respondent No.

2 are directed, not to take any policy decision for the said trust without the prior sanction of the Ld. Jt. Charity Commissioner: Pune.

(iii) Mrs. B. Thilagavathy Balasubramanian along with Petitioner No. 1 and Respondent No. 2 are directed to carry out the day-to-day expenses for the smooth and uninterrupted functioning of the said trust.

However, no payments above the sum of Rs. 10,00,000/- are to be carried out without the prior sanction of the Ld. Jt.

Charity Commissioner, Pune.

(iv) Mrs. B. Thilagavathy Balasubramanian, along with Petitioner No. 1 and Respondent No. 2 are directed to submit 3/7

the statement of expenditure to the Hon'ble Jt. Charity Commissioner, Pune on every third Monday of every month until this arrangement is in place.

4. It is clarified that the abovementioned arrangement will only remain in place until the Ld. Asst. Charity Commissioner 3, Thane decides the Change Reports referred to hereinabove. Moreover, the said arrangement is strictly without prejudice to the rights and contentions of both factions, namely, Petitioner Nos. 1 and 2 and Respondent Nos. 2 and 3, not only in the present Petition but also other pending proceedings including change reports between the parties.

5. In the meantime, Petitioner Nos. 1 and 2 along with Respondent Nos. 2 and 3 have agreed to refer all disputes to mediation to Hon'ble Retd. Justice Dr. Smt. S. S. Phansalkar Joshi and costs for the same are to be borne equally by both parties.

6. Pending the mediation, further proceedings in pending Change Reports and other proceedings referred to in paragraph no. 2 above before the Ld. Assistant Charity Commissioner - 3, Thane shall remain stayed, and the parties shall apply for 4/7

necessary extension of time before the Hon'ble High Court.

7. Pending mediation, chargesheet shall not be filed in respect of Crime Report/FIR No. 1043/2024 at Wakad Police Station at Pune. Similarly, all other proceedings between the parties including ABA No. 1714/2025 in respect of Crime Report/FIR No. 1043/2024 at Wakad, Police Station at Pune, as well as all other pending cases/ proceedings pending before the Ld. Joint Charity Commissioner, Pune and the Hon'ble JMFC, Pune shall remain stayed.

8. Pending Mediation, all proceedings initiated either by the petitioners or respondents shall be stayed.

9. It is made clear that this Petition is restricted only to the challenge to the Order in relation to the operation of Bank Accounts and managing day-today affairs of the trust and this Court has not gone into the merits of the challenge to that part of the impugned Judgement & Order which directs the Inspector from the office of the Ld. Joint Charity Commissioner, Pune to conduct an enquiry against the Petitioners. The Petitioners are granted liberty to file a separate Petition to agitate that challenge. 5/7

10. Rule made absolute in the above terms with no order to costs."

3.

The said Minutes of Order are duly signed by the respective advocates as well as by Petitioner No.1 and Respondent No.3. We accept the said Minutes of Order. The same are taken on record and marked as 'X' for identification.

4.

Considering the relationship between the parties, we deem it appropriate to appoint Dr. Justice Shalini Phansalkar-Joshi (Retd.) as the Mediator.

5.

The parties to send an email to the Mediator to enable her to indicate dates convenient to all concerned. All parties to extend full co-operation during the mediation process.

6.

Stand over to 6th January 2026, to enable the Mediator to submit her report.

7.

Petition is accordingly disposed of in terms of the Minutes of Order.

6/7

8.

Place the matter on 12th January 2026 for recording compliance of the aforesaid order.

(SANDESH D. PATIL, J.) (REVATI MOHITE DERE, J.) amraut 7/7