Bombay High Court Declaratory Suit Update: 23rd December 2014

Since most of the documents submitted by the Parties are in Arabic or Lisan ud Dawat (language of the Dawoodi Bohra community), and there are concerns about the translations done by each side for the documents relied upon by the other side, the Parties have requested the Hon’ble Court for some time to try and resolve the differences in translation into English language.

The Hon’ble High Court has kept the matter on the 20th of January 2015 to complete the admission and denial of documents, including the translations.

 

Bombay High Court Declaratory Suit Update: 10th November 2014

The Hon’ble Justice R. D. Dhanuka has directed that the Affidavit of Documents alongwith the compilation to be submitted within a week by both parties simultaneously and the Statement of Admission and Denial of documents has to be filed within 10 days of service of Affidavit of Documents along with compilation and shall be exchanged simultaneously. The Hon’ble Court has placed the matter on the 11th of December, 2014 for deciding the admissibility of the documents.

Click here to view PDF of the Honorable Court Order.

 

Bombay High Court Declaratory Suit Update: 15th September 2014

The suit was listed before His Lordship Mr. Justice Gautam Patel in the Hon’ble Bombay High Court on September 15, 2014. After hearing the advocates appearing for Shehzada Mufaddal Saifuddin and my advocates, the Hon’ble Court passed the following orders.

Parties are to file their respective affidavits of the documents they are relying on by 14th October, 2014. The process of admission, denial and inspection of the documents shall be completed by 10thNovember 2014.

The Hon’ble Court then framed the Issues (points in dispute required to be decided by the Court), which are in brief on –

(i)           maintainability of the suit and jurisdiction of the Bombay High Court to hear the suit,

(ii)        what are the requirements of a valid Nass and whether the Plaintiff proves that a valid Nass was conferred/pronounced on him,

(iii)         whether Nass once conferred cannot be retracted or revoked or changed or superseded and if not, whether Shehzada Mufaddal Saifuddin (the Defendant) proves that a valid Nass was conferred on him by the 52nd Dai:

(a) On 28th January 1969

(b) In the year 2005

(c) On 4th June 2011

(d) On 20th June 2011

and these amounted to or was a retraction or revocation or change or supersession of any Nass previously conferred by the 52nd Dai.

 

The suit will now be on 14th October 2014 for directions as to the next date and further schedule.

Click here to view PDF of Hon’ble Court Order

Bombay High Court Declaratory Suit Update: 5th September 2014

The Defendant Shehzada Mufaddal Saifuddin’s advocate asked for more time to file their written statement. The Hon’ble Court has directed the Defendant to file his written statement by September 10, 2014. The matter will be listed on September 15, 2014 for “Framing of Issues”.

Click here to download PDF of Hon’ble Court Order

Gujarat High Court: 31 July 2014

A large number of identical Change Reports are pending before Deputy/Assistant Charity Commissioners of 8 different districts of Gujarat. In each of the Change Reports, the change sought is for changing the name of sole trustee. Considering that all the Change Reports are identical, it is believed that all the proceedings should be transferred to one authority in order to avoid multiplicity of proceedings, for convenience and other reasons. In view of that, my Advocates have filed a petition before the Hon’ble High Court of Gujarat praying that all Change Reports be transferred and placed before one authority.

The matter was listed on 31.7.2014 and the Hon’ble Court has issued notice to all the Deputy/Assistant Charity Commissioners and also to Shehzada Mufaddal Saifuddin and Abdul Qadir Dr. Moiz Nooruddin. The order is reproduced hereinbelow:-

Click here to download PDF of Hon’ble Court Order

 

Bombay High Court Declaratory Suit Update: 14th July 2014

The Hon’ble Court was pleased to allow the amendments to the plaint as per the draft amendments submitted to the Court by the Plaintiff . The amendments have to be carried out by July 21, 2014 and the Defendant has been directed to file his written statement by September 4, 2014. The matter will be listed on September 9, 2014 for “Framing of Issues”.

Gujarat High Court Writ Petitions Update: 20th June 2014

The Writ Petitions were listed before the Hon’ble Gujarat High Court on 20.6.14. My Senior Advocate expressed the urgency of the matter and requested the Court to direct the respondents to file reply soon in the 8 petitions that were filed on 9.5.14 and requested for an early hearing. The Hon’ble Court adjourned the above matters to 4.7.2014 and directed the Respondents to file their reply by then.

Click here to download PDF of Hon’ble Court Order

Bombay High Court Declaratory Suit Update: 19th June 2014

The Suit was listed before the Hon’ble High Court for directions. Plaintiff’s counsel agreed with the Hon’ble Court’s proposal for an expedited trial and agreed to serve the Advocates for the Defendants the draft amendments to the Plaint by 7th July 2014. The Hon’ble Court directed that the suit be listed for further directions, including for filing of the written statement and completion of pre-trial formalities, on 14th July, 2014.

Click here to download PDF of Hon’ble Court Order

Gujarat High Court Writ Petitions Update: 09th MAY 2014

My advocates filed eight Writ Petitions before the Gujarat High Court being Special Civil Application Nos. 7289 to 7296 of 2014 on 8.5.2014. The earlier petitions being Special Civil Applications No. 5478 to 5485 of 2014 were filed challenging orders passed by Assistant Charity Commissioners of 7 districts and the Gujarat Wakf Board. The petitions filed on 8.5.2014 challenge orders passed by the Assistant Charity Commissioners of 7 other districts and allege a large scale violation of the principles of natural justice on the part of the authorities who have without giving a hearing and without issuing notices to me passed orders permitting Shehzada Mufaddal Saifuddin’s name to be entered as sole trustee of more than 125 public trusts. The matters were listed for hearing today.

The Hon’ble High Court of Gujarat has passed an order issuing notices to Shehzada Mufaddal Saifuddin and to the Assistant Charity Commissioners of 8 districts and has fixed the matters on 20.6.2014, the date on which the earlier petitions are also fixed.

Gujarat High Court Writ Petitions Update: 05th MAY 2014

The matters were listed today before the Hon’ble High Court of Gujarat. The Advocate for Shehzada Mufaddal Saifuddin stated that he will be serving the affirmed copies of the replies on the petitioner. My advocates sought time to file a rejoinder.

The Hon’ble Court has passed an order adjourning the matters beyond vacation and has fixed them on 20.6.2014.