This is the official website of His Holiness Syedna Taher Fakhruddin Saheb’s TUS Legal Office with updates regarding the Suit filed in the Honourable Bombay High Court by His Holiness Syedna Khuzaima Qutbuddin Saheb RA against Shehzada Mufaddal Saifuddin after the sad passing of His Holiness Syedna Mohammed Burhanuddin Saheb RA in 2014.
On 30th March 2016, Syedna Qutbuddin Saheb sadly passed away and in June 2016, his successor Syedna Taher Fakhruddin Saheb filed a Chamber Summons to be substituted as Plaintiff in the Suit. In March 2017, the Hon’ble Justice Gautam Patel passed an order substituting Syedna Fakhruddin Saheb as Plaintiff.
In February 2020, His Holiness Syedna Taher Fakhruddin Saheb TUS, the Plaintiff, closed his case.
Shehzada Mufaddal Saifuddin, the Defendant, chose not to be a witness in the suit and therefore will not be cross-examined. In a trial the Defendant should be the first witness unless they take the leave of Court. The Hon’ble Bombay High Court had observed that as the Defendant had chosen not to be the first witness and not applied for such leave he will now not be permitted to be a witness in the trial.
The cross-examination of the Defendant’s first witness, Dr. Omar Malik, a consultant neurologist, began on 2nd February 2021, with Mr. Anand Desai of DSK Legal, on behalf of the Plaintiff, conducting the cross-examination. Due to the Covid pandemic, Dr. Malik was unable to travel to Mumbai and the Hon’ble Bombay High Court set up a video link for his cross-examination at the International Dispute Resolution Centre (IDRC) in London. The cross-examination spanned three half-day sessions, with 118 questions asked, and ended on 4th February 2021. The cross-examination of the Defendant’s second witness, Dr. John Costello, a consultant respiratory medicine physician, began on 30th March 2021, and concluded on 31st March 2021 after two sessions, with 42 questions being asked. Dr. Costello also gave evidence via video link from the IDRC.
Mr. Iqbal Chagla, counsel for the Defendant, indicated that the Defendant’s third witness will be Abdulqadir Moiz Nooruddin, the Defendant’s son-in-law. His cross-examination is scheduled for three sessions on 9th, 10th, and 11th June 2021.
- Latest updated Suit status at the Bombay High Court
- A visual timeline showing each milestone of the Suit
- A short summary of selected issues
Before filing this suit, a press conference was held in March 2014 outlining Syedna Khuzaima Qutbuddin Saheb’s philosophy and vision for the community. A press release with details is available: