A TWIST IN CHANGE REPORT PROCEEDINGS
In the Bombay Samachar issue of Sunday 22-01-2017, an update had been given upto 18-01-2017 when the Asstt. Charity Commissioner (ACC) had suddenly closed the giving of any Evidence from both the Objectors after the Evidence of only Yazdi Desai, the Reporting Trustee had been completed. It is shocking that the same facility of giving their Evidence by Dinshaw Mehta, the then chairman and Muncherji Cama, the affected Trustee was not allowed on 18-01-2017 and may probably be because he had to give his ruling on the Change Report by 25-01-2017 as per High Court expedited Order. The ACC had adjourned the matter to 21-01-2017 for both sides to give their final Arguments based only on the Evidence so far given only by the Applicant Yazdi Desai.
On 19-01-2017 Objectors prepared and filed a Writ Petition to challenge the order dated 18-01-2017 of the ACC about not allowing any Evidence of both Objectors. A precipe for taking on record and urgent hearing of the Writ Petition was moved before His Honor Judge Tated on 20-01-2017 when his Honor fixed Monday 23-01-2017 for circulation and hearing of the Writ. When His Honor was informed that the Change report had been fixed by the ACC for final Arguments by both sides on Saturday 21-01-2017 and to hear the matter in the afternoon session, His Honor Judge advised the Petitioners to inform the ACC that the matter was being heard by the High Court and hearing is fixed for 23-01-2017.
Unfortunately on 21-01-2017, the ACC was not willing to adjourn the matter that day and passed an Order on the Pursis of the Objectors rejecting request for adjournment on ground that the
High Court expedited matter was before the
High Court for hearing on 23-01-2017 and
insisted that Arguments be started and completed that same day on 21-01-2017 by both sides by
giving each one of the parties one hour to argue their case.
In the morning session the Applicant Yazdi Desai’s advocate finished his Arguments in favour of the Change Report and in the afternoon both the Objector’s Advocates completed their Arguments for rejection of the Change Report based only on the Evidence of Yazdi Desai. At the request of
the Objectors the matter was then adjourned to 24-01-2017 by ACC awaiting decision of the High
Court in the Writ Petition to be heard on 23-01-2017.
On Monday, 23rd January 2017 in the morning session the Advocate of the Objectors pointed out to the High Court the injustice being caused to their case by not allowing the Objectors to lead any Evidence after the Applicant Yazdi Desai had completed giving his Evidence. After hearing both sides, His Honor Judge Tated expressed his desire to allow Evidence to be given by both the Objectors and wanted the counsels for the both sides to work out a time schedule of the number of days needed for Objector No.1 to file his Affidavit of Evidence, the number of days required for his cross-examination and the same for Objector No.2 and then the number of days needed for Arguments and for final order and adjourned the matter to 3.30 pm to come back with a time schedule of days required for completing the process by consent of both the parties. The whole morning, Trustee Kersi Randeria was present in the Court room along with the wife of Yazdi Desai.
Unfortunately in the afternoon, the Counsel for Yazdi Desai suddenly changed his stance and informed the Court that since all Trustees were not contactable, he requested an adjournment of at least 3 weeks to file his reply Affidavit to the Writ Petition to give their say on the stay of the order passed by the ACC on 18-01-2017 for closing any further Evidence. The High Court adjourned the matter for 2 weeks but issued stay order on ACC in proceeding further with the matter. On being informed of the High Court Stay, the ACC has adjourned the matter now to 08-02-2017 when the hearing of the Change Report proceedings will resume.
Readers will recollect that the Applicant Yazdi Desai has already been fined three times – first time Rs. 500/-, then Rs.5,000/- and finally Rs. 10,000/- for delaying the proceedings. This time the majority Board of Trustees have helped him to delay the proceedings from being completed and at no cost to the Reporting Trustee as the Trust will bear the legal cost of the adjournment and subsequent hearings using charity funds.
It is high time the Trustees put their hands in their own pockets and pay for all the legal costs themselves and not use community funds
to sponsor and prolong the litigation just to
avenge the loss of Yazdi Desai’s wife in the 2011 elections.
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CORRIGENDUM
In the Parsee Darshan column dated 22/01/2017, a Quote was published. The Quote had been given by Mr. Randeria to another publication. By our publishing the Quote No Hurt or Insult was Intended.
