Bombay High Court 7th March 2017

The Hon’ble Justice Gautam Patel of the Bombay High Court allowed Chamber Summons No. 1290 of 2016 in Suit No. 337 of 2014, whereby His Holiness Syedna Taher Fakhruddin Saheb TUS has been substituted as the Plaintiff after the sad demise of the Original Plaintiff His Holiness the Late Syedna Khuzaima Qutbuddin RA. Syedna Taher Fakhruddin Saheb will now continue the suit against Shehzada Mufaddal Saifuddin to establish that Syedna Fakhruddin Saheb is the 54th Dai al-Mutlaq of the Dawoodi Bohra Community after establishing that Syedna Khuzaima Qutbuddin was the 53rd Dai al-Mutlaq. Shehzada Mufaddal Saifuddin and his respresentatives had claimed the suit had abated and that he had won the Suit after the sad demise of Syedna Khuziama Qutbuddin. The Hon’ble High Court has also fixed a timetable for carrying out the amendments, the Defendant to file an additional written statement, and has listed the Succesion Suit for directions in May 2017 itself. This is a very positive step towards resolving the issue of the rightful successor to the 52nd Dai His Holiness the Late Syedna Mohammed Burhanuddin RA and for the future of the Dawoodi Bohra Community.

Bombay High Court 15th November 2016

The date for hearing the Chamber Summons filed by His Holiness Syedna Taher Fakhruddin TUS, in the Hon’ble Bombay High Court has been fixed for 7th December 2016 by the Hon’ble Justice K. R. Shriram.

The Chamber Summons seeks the substitution of Syedna Taher Fakhruddin as the Plaintiff in the Suit filed by his predecessor His Holiness the Late Syedna Khuzaima Qutbuddin RA against Shehzada Mufaddal Saifuddin.

Gujarat High Court 10th November 2016 – Judgment On Petition

The Hon’ble Gujarat High Court has pronounced an order (Civil Application No. 5650 of 2016) granting the applications filed by Syedna Taher Fakhruddin Saheb TUS and permitting Syedna Taher Fakhruddin Saheb TUS to be substituted in the place and stead of his predecessor Syedna Qutbuddin Saheb RA in pending petitions and dismissing Civil Application No. 4339 of 2016 filed by Shehzada Mufaddal Saifuddin. On 10.11.2016, all the applications were listed for pronouncement of judgment before the Hon’ble Gujarat High Court. The Judgement is available to view on the Gujarat High Court website

Syedna Qutbuddin Saheb sadly passed away in the USA on 30th March 2016. Upon his passing away, his successor Syedna Taher Fakhruddin Saheb filed applications before the Hon’ble Gujarat High Court praying for substitution as petitioner in his place. In the applications, Syedna Fakhruddin Saheb stated that immediately after the passing away of Syedna Qutbuddin Saheb, Shehzada Mufaddal Saifuddin and his men had filed applications/affidavits/purchis before Assistant Charity Commissioners with the objective of getting their Change Reports allowed ex-parte by falsely stating on oath that the Hon’ble Bombay High Court had dismissed the suit filed by Syedna Qutbuddin Saheb. Shehzada Mufaddal Saifuddin and his men were trying to take advantage of the passing away of Syedna Qutbuddin Saheb with the objective of getting their Change Reports allowed ex-parte.

Shehzada Mufaddal Saifuddin had also filed Civil Application No. 4339 of 2016 before the Hon’ble Gujarat High Court praying for an order that the petition filed by Syedna Qutbuddin Saheb be disposed of as abated and praying that the Charity Commissioners be directed to proceed with Change Reports.

Upon the sad passing away of the 52nd Dai al-Mutlaq of the Dawoodi Bohra community Syedna Mohammed Burhanuddin Saheb in January 2014, a succession dispute arose between Syedna Khuzaima Qutbuddin Saheb, Mazoon for 50 years and Shehzada Mufaddal Saifuddin. Syedna Qutbuddin Saheb filed a suit in the Hon’ble Bombay High Court for a declaration that he was the anointed successor of the 52nd Dai al-Mutlaq and, therefore, the 53rd Dai al-Mutlaq. Syedna Qutbuddin Saheb also filed petitions before the Hon’ble Gujarat High Court pertaining to a large number of Waqfs and Trusts of which the Dai is the Sole Trustee.

Syedna Taher Fakhruddin Saheb’s Chamber Summons in the Hon’ble Bombay High Court to be substituted as Plaintiff in the Suit filed by Syedna Qutbuddin is scheduled for hearing and final disposal by the Hon’ble Justice Shriram on the 7th of December 2016.

Bombay High Court 19th October 2016

The Chamber Summons filed by His Holiness Syedna Taher Fakhruddin TUS was listed to be heard by the Hon’ble Bombay High Court on October 19, 2016. The matter did not get heard for paucity of time during the day, and on October 20, 2016 our advocates mentioned the matter before the Hon’ble Bombay High Court, when the Hon’ble Court directed that the chamber summons be listed for Directions on November 15, 2016, after the Diwali vacation.

Bombay High Court Update: 21st September 2016

The date for hearing the Chamber Summons filed by His Holiness Syedna Taher Fakhruddin TUS, in the Hon’ble Bombay Court has been fixed for 19th October 2016 by the Hon’ble Justice K. R. Shriram.

The Chamber Summons seeks the substitution of Syedna Taher Fakhruddin as the Plaintiff in the Suit filed by his predecessor His Holiness the Late Syedna Khuzaima Qutbuddin RA against Shehzada Mufaddal Saifuddin.

Chamber Summons Filed In Bombay High Court

His Holiness Syedna Taher Fakhruddin TUS, the 54th Dai al-Mutlaq has filed a Chamber Summons on the 27th of June 2016 in the Hon’ble High Court of Bombay to be substituted as plaintiff in the Suit filed by his predecessor His Holiness the Late Syedna Khuzaima Qutbuddin RA, the 53rd Dai al-Mutlaq against Shehzada Mufaddal Saifuddin.

Syedna Qutbuddin sadly passed away to his heavenly abode on 30th March 2016 in California, USA. Before his passing Syedna Qutbuddin had appointed his eldest son Syedna Taher Fakhruddin as his Mansoos (successor) on 8th November 2015.

Prior to filing the Suit in Hon’ble High Court the Late Syedna Khuzaima Qutbuddin RA had made repeated attempts to resolve this unfortunate issue internally within the Community, inviting Shehzada Mufaddal Saifuddin to a debate to establish the truthfulness of the nass conferred on him by His Holiness the Late Syedna Mohammed Burhanuddin Saheb RA , the 52nd Dai al-Mutlaq. Shehzada Mufaddal Saifuddin did not respond to that call. Syedna Taher Fakhruddin also invited Shehzada Mufaddal Saifuddin to a debate according to the precedents of the community, and in the interests of resolving this matter, which affects the whole community. But Shehzada Mufaddal Saifuddin has not responded to that invitation either.

To ensure that the path set by the previous Dai al-Mutlaq’s is followed, and the Community is not torn asunder by false claimants, and having full faith in the Indian Judiciary, Syedna Fakhruddin has approached the Hon’ble High Court for appropriate remedies.

In a statement Syedna Fakhruddin said “Since Shehzada Mufaddal Saifuddin is unwilling to resolve the matter internally through a debate to establish the truth, we have approached the Hon’ble Court, in which we have full faith, with evidence that will expose the falsehoods being perpetuated by Shehzada Mufaddal Saifuddin. I will continue the fight that my revered father Syedna Qutbuddin started, for truth, justice, and the future and well-being of the Dawoodi Bohra community”

Note:
The Suit 337 of 2014 was filed by His Holiness Syedna Khuzaima Qutbuddin Saheb against Shehzada Mufaddal Saifuddin in the Hon’ble High Court of Bombay in April 2014. Cross-examination of Syedna Qutbuddin started on 27th April 2015 and was ongoing when His Holiness sadly passed away.

Bombay High Court – Further Update on 6th April 2016

It is hereby clarified that the Hon’ble High Court has not passed any order declaring that the suit filed by Syedna Qutbuddin has abated. The Hon`ble High Court has merely cancelled the dates which were reserved for hearing of the suit.

As per the legal advice received by us, the scheme of the law is that the legal representative of the original plaintiff (in our case the legal representative of Syedna Qutbuddin RA) can make an application to be brought on record as plaintiff within 90 days. The law provides that the suit abates only on the expiry of the 90 days from the date of the death of Syedna Qutbuddin RA if no such application is made.

Court Hearings on 22nd April & 2nd May

Syedna Khuzaima Qutbuddin TUS, the Plaintiff in the Declaratory Suit filed in the Bombay High Court, will appear in the Honorable High Court for his testimony on the 22nd of April 2016 (16th Rajab 1437H) and the 2nd of May 2016 (26th Rajab 1437H) inshaallah.

An article was published in the Times of India about the new court dates.  A copy of the article is published on FatemiDawat.com