Why is Yazdi Desai wasting charity funds to keep Muncherji Cama out!
ASSISTANT CHARITY COMMISSIONER Requests all parties to settle their Change Report litigation.
Once again on 10th October 2016, the long awaited cross-examination of Yazdi Desai in the BPP’s Change Report Application No. 2716/15 for accepting or rejecting the resignation of Trustee Mr. Muncherji N. M. Cama could not take place.
Readers will recall that His Honor Judge Kathawalla of Bombay High Court had directed the Assistant Charity Commissioner (ACC) to complete his Inquiry proceedings regarding the resignation of Mr. Cama within 6 weeks of his order dated 6th October 2016 i.e.by 17-11-2016. For the last over 16 months there had been hardly any progress due to the procrastination tactics of Yazdi Desai to delay the hearing of his Change Report on one excuse or the other. It is obvious that this is an attempt to subvert the ends of justice as Mr. Cama’s term expires in July 2018.
True to past precedence, once again Yazdi’s advocate Mr. Nagvekar instead of allowing cross-examination to at last commence, suddenly moved an Oral application for permission to allow secondary evidence to be submitted. The whole afternoon went in arguing this new submission by Advocates of both sides and ultimately the intended cross-examination of Yazdi was once again adjourned to 19-10-2016
At the fag end of the arguments, Counsel for Mr. Cama, pointed out to the A.C.C. Mr. Pare that at the last hearing, Yazdi’s Advocate had submitted before him that the Change Report under consideration had been filed by Yazdi in his personal capacity and not on behalf of the Board of Trustees and yet his Advocates fees of Rs. 3 lakhs was recently paid by Yazdi Desai from Trust charity funds and he requested that Trust funds should not be squandered in this ego driven litigation but each Trustee should be called upon to bear their own legal cost.
This was now vigorously opposed by Yazdi himself as well as by his Advocate now changing his stance that the Change Report has been filed on behalf of the Trust and hence Trust should bear the legal expenses.
The Asst. Charity Commissioner then advised all present and their Advocates to sit down and amicably settle the matter in the interest of the charity funds of the Trust and the Parsi Community. He also pointed that the side which lost would file appeal and hence more charity funds are bound to be wasted.
However Yazdi was not agreeable and countered that Mr. Cama had made several derogatory remarks against the Trustees and he was not willing to take him back on Board. He informed ACC that since he has resigned and made such offensive comments why does he want to come back.
It was then informed to the Asst. Charity Commissioner that this was all a motivated vindictive action as Yazdi’s wife, Anita who was also present at the hearing was defeated by Mr. Cama in the 2011 BPP Trustee elections and that is why Yazdi is seeking his revenge and trying to take advantage to remove Mr. Cama from the Board or keep him away from BPP as long as he can. In retort to Yazdi’s allegation that Mr. Cama never attends the hearing of the Change Report, it was pointed out that Yazdi himself though the Reporting Trustee attends hardly 30% of the hearing dates but his wife only is present on all the innumerable dates of hearing of the Change Report in the last one and a half years.
Even when Mr. Dadrawalla had tried to convene a sort of arbitration/negotiation meeting of several senior respected members of the Parsi Community, to break the impasse and bring peace between the warring factions it was once again Yazdi Desai who opposed it and Dadrawalla was disgusted that his attempt to bring peace was scuttled.
The same fate probably awaits the advice of the Asstt. Charity Commissioner to amicably resolve the resignation controversy unless influential members of the community come forward that enough is enough and bring peace to the community and save charity funds being misused for their personal ego battles.
As a parting shot, Yazdi’s Advocate informed the ACC whilst leaving that at next hearing he is going to submit his list of witnesses to be examined in the matter -Jimmy Mistry, Khojeste Mistry, Arnavaz Mistry and Dinshaw Tamboly. Advocate of Mr. Cama objected to such a delaying tactic as the High Court has ordered, completion of the investigation on the Change Report within 6 weeks. The ACC was unhappy at this new strategy and wondered how he could abide by the High Court Orders in event he allowed these these 4 witnesses examination and cross-examination. Yazdi’s Advocate offered the ACC that daily hearing could be held to complete the investigation in a time bound manner.
The delaying artics of Yazdi and his Advocate are now legendary and one hopes the High Court takes notice of the same if any extension of time to complete investigation is sought.
