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Yazdi Desai’s Delay Tactics Continue in Munchi Cama Change Report Proceedings

mc-ydIn the Bombay Samachar issue of Sunday 25-12-2016, an update had been given upto 22-12-2016 hearing date of the Change Report proceedings filed by then BPP Trustee Yazdi Desai in June 2015.

As earlier informed, the Authority hearing Change Report had by its order dated 17-12-2016 levied a fine of Rs. 10,000/- on Reporting Trustee Yazdi Desai for once again seeking adjournment of hearing on that day and fixed 19-12-2016 as the next date of hearing.

On 19-12-2016, Yazdi Desai filed another application for stay of the Order dated 17-12-2016 imposing fine of Rs. 10,000/- as he wanted to file an Appeal against the said Order, to which the Objectors opposed grant of any stay.

Although more than 20 days have elapsed since the passing of the penalty Order, Yazdi Desai has neither filed any Appeal against the Order nor paid the Rs.10,000/- fine as no stay has been granted to the payment of fine.

On 27-12-2016, cross- examination of Yazdi Desai was conducted and then adjourned to 29-12-2016. Unfortunately on 29-12-2016 due to absence of the Authority, no hearing was conducted and next date was fixed of 03-01-2017.
On 03-01-2017, Yazdi Desai’s advocate once again made an Application for adjournment on ground that he is suffering from “throat infection and talking brings on a severe bout of violent coughing and he will be unable to undergo cross-examination for at least another couple of days” and enclosed Medical Certificate dated 03-01-2017 of Dr. Porous Kapadia of Byculla treating him for laryngitis and advising rest for a couple of days. Though Advocate for Objector proposed next date of hearing on 04-01 or 05-01-2017, it was opposed by Yazdi Desai’s advocate seeking longer date to give him time to recover from his bad throat. Accordingly the hearing has now been adjourned to Saturday 07-01-2017.

However what is to be noted is that on 04-01-2017, Yazdi had recovered fully to enable him to attend the BPP Board meeting that day on 04-01-2017 right upto 11 pm and continued to stay there with the staff even after the meeting had ended. He was reported by staff to be absolutely fine.

The High Court expedited hearing is supposed to be completed latest by 31-01-2017 but with these kind of machinations and manipulative tactics, it is highly unlikely that the Change Report can be finalized before the 31-01-2017 deadline fixed by the High Court.””

Disclaimer: The views expressed in this page are not those of the editor or management of the Mumbai Samachar.

Published on Mumbai Samachar.

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