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YAZDI DESAI AGAIN FINED BUT NOW Rs. 10,000/-

yazd-desai-1On 20th June 2015, Yazdi Desai as Reporting Trustee had filed a Change Report in the office of Charity Commissioner accepting the resignation letter dated 12-06-2015 of Trustee Mr. Muncherji N. M. Cama (in spite of its subsequent withdrawal) with support of then Trustees Khojeste Mistry and Arnavaz Mistry at board meeting of 16th June 2015 though the then Chairman Dinshaw Mehta & Trustee Armaity Tirandaz had dissented and wanted to accept the resignation withdrawal mail of Mr. Cama.

The hearing has been going on now for over 18 months. Due to the delaying tactics, Yazdi Desai had been fined Rs. 500/ in June 2016 by the predecessor Astt. Charity Commissioner. The Hon’ble Bombay High Court by its last order dated 30-11-2016 ordered that the Change Report proceedings should be disposed off in 8 weeks from the date of the order.

On 08-12-2016 when the matter was to be adjourned to 09-12-2016, Yazdi Desai made a vehement plea that he had to attend the Satyanarayan Pooja of BPP workers and staff between 1 PM and 5 PM on 09-12-2016 and showing the Invitation card, he requested another date and 14-12-16 was fixed with his consent. Yet Yazdi Desai did not attend the staff pooja on that day till 6pm.

On 14-12-16 once again Yazdi Desai’s advocate made an Application for adjournment on ground that he had to appear for some examination and in proof there of annexed a general e-mail dated 13-12-2016 being a ‘gentle Reminder for on – line examination on 14-12-2016.’

Advocate of Mr. Cama vehemently objected and pointed out that this was a deliberate delaying tactic. The mail of 13-12-2016 was only a reminder and the date of the exam must have been known to Yazdi Desai long before and yet on 08-12-2016 he did not disclose this to all concerned but himself fixed date of 14-12-2016 to harass and inconvenience all.

The Hon’ble Authority found merit in the arguments of Mr. Cama’s advocate and imposed a fine of Rs. 5,000/- as heavy cost to allow the adjournment application and fixed 15-12-2016 as the next day of hearing for Yazdi Desai’s cross examination.

On 15-12-16 and 16-12-16 cross-examination of Yazdi Desai continued. However on next day of hearing on 17-12-16, once again Yazdi Desai’s advocate made another Application for adjournment dated 17-12-2016 on ground that he had to go to Pune for some land acquisition matter of his employer, Writer Corporation but did not enclose any proof of his submissions. The Application was opposed by the advocate of Mr. Cama and the Hon’ble Authority this time imposed a fine of R. 10,000/ and adjourned the matter to 19-12-16.

The order dated 17-12-2016 is reproduced below:

ORDER DT 17-12-2016 PASSED BY HON’BLE AUTHORITY ON THE ADJOURNMENT APPLICATION DT 17-12-2016 FILED BY REPORTING TRUSTEE YAZDI DESAI

“”Perused Application and the say filed on it. Heard both sides. This is a time bound matter. Yesterday with consent of both parties matter kept at 2.30pm today. But still present application is filed by Reporting Trustee.

On 8-12-2016 at the request of Reporting Trustee (RT) and Adv. of Objector No.1 matter was kept on 14-12-2016. On 14-12-2016, R.T. filed application for adjournment which was allowed by imposing cost. Today R.T. has not filed any document in support of this Application. Other side prayed that heavy cost be imposed.

Considering the facts and circumstances of the case and in the interest of justice and for smooth proceeding, today I am inclined to allow the application by imposing heavy cost.

Hence application is hereby allowed subject to cost of Rs. 10,000/ (Ten Thousand Rupees only)to be paid by R.T. in P.T.A. Fund.””

SD/ACC 17-12-2016

On 19-12-16, Yazdi Desai filed another Application for stay of the Order dated 17-12-16 imposing fine of Rs. 10,000/ as he wanted to file an Appeal against the said order. Advocate for Mr. Cama vehemently opposed this stay application and the Authority is yet to pass an order on this application.

On 19-12-16, the Application of Mr. Cama to the Hon’ble Authority to issue summons to CEO of BPP to produce Minutes and Resolution dated 16-6-16 was allowed and the next date for production of the Minutes and the Minute Book was fixed for 22-12-16.

On 22-12-16, CEO Mr. Cawas Panthaki, who in June 2015 was ironically in the employment of Mr. Cama, attended the office of the Charity Commissioner and handed over two Minutes both dated 16-6-2015, one signed by the Chairman as per prevalent practice and another signed by the four majority Trustees. The versions of both were only slightly different on important aspects and one was a condensed version whilst the Chairman’s version was more detailed and longer. Aside from this new sudden development of copies of two Minutes of same date, the CEO had also brought dramatically two Minute books for period from 5-5-2015 to 30-6-2015 to compare the copies with the originals. After comparing the copies with the originals both the Minute Books were returned to the CEO who took it back to BPP office.

Obviously with this new dramatic developments of two separate Minutes dated 16-6-2015 for the same board meeting of 16-6-15 and equally dramatic two Minute Books, the Advocate for Mr. Cama sought a short adjournment and since Saturday and Sunday were coming requested the next date to be fixed on 26-12-16. However the Advocate of Yazdi Desai made another Application dated 22-12-16 that Yazdi had to attend a wedding on Sunday 25-12-16 at Ahmedabad he would not be able to attend hearing on 26-12-16 and with mutual consent the next date is fixed for 27-12-16 at 2.30 pm.

This is the update of the proceedings in the matter of Change Report No. 2716/15 upto date.

Published by Mumbai Samachar

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