Events & Personalities
“Status quo” order on BPP
The Charity Commissioner (CC) V. K. Jadhav on December 16, 2013 has directed the Bombay Parsi Punchayet (BPP) trustees "to maintain (the) status quo regarding properties till (the) next hearing.”
The order came in response to an application filed by the four BPP trustees — Arnavaz Mistry, Jimmy Mistry, Khojeste Mistree and Yazdi Desai — under sections 41A (seeking directions from the CC regarding the charges against Mehta), 41D (to suspend, remove or dismiss a trustee) and 41E (bringing an injunction or staying any alienation of property). BPP trustees Armaity Tirandaz and Muncherji Cama did not join in the complaint.
The four had requested the CC to bar Mehta from having any say in alienation of properties controlled by the Trust during the pendency of the case. Mehta in turn asked that the stay be applicable to all seven trustees of the BPP, to which the CC agreed. The next date for hearing has been set for January 10, 2014. Until then all allotment of flats, sale, lease, transfer of any BPP property will be on hold.
As the BPP derives nearly all its income from the transfer of flats, the Trust’s revenues will be reduced to a trickle for the duration of the stay. Flat allotees also will not be handed possession of the premises till a decision is reached.
The four trustees had moved the CC on the grounds that an offence has been registered against Mehta before the Economic Offences Wing (EOW) of the police. By a letter dated December 19 the Senior Inspector of Police Dinesh Joshi (crime branch) wrote to Desai stating "the inquiry against Mehta has been closed as a case is not made out for registration of an F.I.R. (First Information Report).” The four had filed a complaint before the Joint Commissioner of Police on November 13, 2013 alleging Mehta has misappropriated funds, cheated and committed criminal breach of trust in the transfer of premises in Dady House which is owned by the BPP and located in Bora Bazar.
With the EOW dismissing the allegations against Mehta, the petition before the CC is also likely to fail. If, however, the matter is prolonged and the stay on the property extended, the apex trust and its beneficiaries will suffer considerably.
The order came in response to an application filed by the four BPP trustees — Arnavaz Mistry, Jimmy Mistry, Khojeste Mistree and Yazdi Desai — under sections 41A (seeking directions from the CC regarding the charges against Mehta), 41D (to suspend, remove or dismiss a trustee) and 41E (bringing an injunction or staying any alienation of property). BPP trustees Armaity Tirandaz and Muncherji Cama did not join in the complaint.
The four had requested the CC to bar Mehta from having any say in alienation of properties controlled by the Trust during the pendency of the case. Mehta in turn asked that the stay be applicable to all seven trustees of the BPP, to which the CC agreed. The next date for hearing has been set for January 10, 2014. Until then all allotment of flats, sale, lease, transfer of any BPP property will be on hold.
As the BPP derives nearly all its income from the transfer of flats, the Trust’s revenues will be reduced to a trickle for the duration of the stay. Flat allotees also will not be handed possession of the premises till a decision is reached.
The four trustees had moved the CC on the grounds that an offence has been registered against Mehta before the Economic Offences Wing (EOW) of the police. By a letter dated December 19 the Senior Inspector of Police Dinesh Joshi (crime branch) wrote to Desai stating "the inquiry against Mehta has been closed as a case is not made out for registration of an F.I.R. (First Information Report).” The four had filed a complaint before the Joint Commissioner of Police on November 13, 2013 alleging Mehta has misappropriated funds, cheated and committed criminal breach of trust in the transfer of premises in Dady House which is owned by the BPP and located in Bora Bazar.
With the EOW dismissing the allegations against Mehta, the petition before the CC is also likely to fail. If, however, the matter is prolonged and the stay on the property extended, the apex trust and its beneficiaries will suffer considerably.
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