Wednesday, December 14, 2011

ISKCON Bangalore vs ISKCON Mumbai court ruling (Copy of the original judgement)

IA 20 IN SLP(C)15814/11

ITEM NO.3                                                  COURT NO.2                                       SECTION IVA

                     S U P R E M E     C O U R T   O F    I N D I A
                      RECORD OF PROCEEDINGS

IA 20/2011 in
Petition(s) for Special Leave to Appeal (Civil) No(s).15814/2011

(From the judgement and order dated 23/05/2011 in RFA No.421/2009 of




( for vacating stay and office report ))

Date: 14/12/2011       This Petition was called on for hearing today.

CORAM :                                                                                                                                             
              HON'BLE MR. JUSTICE ALTAMAS KABIR                                                                 
              HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR                                                
              HON'BLE MR. JUSTICE J. CHELAMESWAR                                                           

For Petitioner(s)      -     Mr.   Uday U. Lalit, Sr. Adv.
                                                    Mr.   Mathai M.Paikaday, Sr. Adv.
                                                            Mr.   Hari Shankar K, Adv.-on-Record.
                                              Mr.   Srinivas Raghavan, Adv.
                                  Mr.   Ashu Kansal, Adv.
                                    Mr.   R.M. Agarwal, Adv.
                                               Mr.   Vikas Singh Jangra, Adv.

For Respondent(s)   -           Mr.   K.K. Venugopal, Sr. Adv.
                                                       Mr.   Krishnan Venogopal, Sr. Adv.
                                 Ms.   Ekta Kapil, Adv.
                                            Mr.   Pratyush Miglani, Adv.
                                                                              Ms.   B. Vijayalakshmi Menon, Adv.-on-Record.
                                      Mr. P.K. Ghosh, Sr. Adv.
                                               Mr. Debabrta Banerjee, Adv.
R2                                     Mr. Ashok Mathur, Adv.
 IA 20 IN SLP(C)15814/11

                    UPON hearing counsel the Court made the following
                                        O R D E R

                          I.A.20 of 2011, has been filed on behalf of

                 the      respondents,    inter        alia,       for    vacating       the

                 interim orders passed by this Court on 6th June,

                 2011 and 5th July, 2011.

                 2.                  The dispute is between two societies having

                                                    identical names and claiming to be the owners and

                                                in management of the temple of the International

                                               Society for Krishna Consciousness, Bangalore.

                 3.       By   the    order    dated       6th    June,        2011,   this

                                     Court      while     issuing    notice           and    after     hearing

                 learned counsel for both the parties, gave certain

                 interim directions and one of the directions we are

                          concerned with reads as follow:-  ".....5.           In       the
                                meanwhile,,           the    parties            shall
                                maintain status quo, as of today.
                                However,        the       Bangalore        Society
                                with its present officer bearers
                                shall           continue                day-to-day
                                management       of       the      Society        but
                                would     not     take      any         major     and
                                policy           decision                 creating
                                liabilities       of any          kind for        the
                                Bangalore Society."
 IA 20 IN SLP(C)15814/11

                 4.          The    present        I.A.20    has   been    filed    for 
 vacation of the said directions.

              5.          By    virtue     of     the    aforesaid     order,    the

                            petitioner-society has been running the affairs of

                              the temple at Bangalore till date.  However, since

                                         a  decree    has     been    passed    in   favour    of     the

                                                     respondent-society,           wherein       directions    have    been

                           given to the petitioners not to interfere with the

                                   possession of the respondent society in the temple

                               and its properties,  we are of the view that some

                                     arrangement has to be made till we can hear out the

                                  Special Leave Petition, for the temple at Bangalore

                                  to be managed in a manner so that there is some
 amount of transparency.

                 6.           Having heard Mr. Venugopal, learned senior

                                     counsel for the applicant in I.A.20, and Mr. Lalit,

                                       learned  senior counsel   appearing      for     the

                                       petitioner-society in the Special Leave Petition,

                                        we direct that the Special Leave Petition, which we

                                    are informed is otherwise ready for hearing, be

                                        listed for final hearing on 15th February, 2012, at

                 the top of the list.

                 7.          In the meantime, in addition to the interim

                                       directions, which had been given in the order of

                                              6th June, 2011, we appoint a Committee to oversee

                                         the management of the temple and its properties.

 IA 20 IN SLP(C)15814/11

                 The said Committee shall consist of:-

                      1. Hon'ble Mr. Justice R.V. Raveendaran(retd.) as


                      2. Shri Ananda Thirtha Das, Member.

                      3. Shri Stoka Krishna Das, Member.

                 The said Committee shall oversee the management of

                 the temple and its properties by the petitioner-

                 society and shall be entitled to advise the said

                 society on matters relating to the management of

                 the temple and its properties.

                 8.         The Chairman shall be paid a remuneration of

                             ` One Lakh per month from the temple funds.

                 9.         This   order   is   without   prejudice   to   the

                                        rights and contentions of the parties at the time

                               of hearing of the Special Leave Petition.

                 10.        The Committee will be at liberty to apply to

                                             this Court in the event it becomes necessary to do


                 11.        The disposed of in the above terms.

                (Sheetal Dhingra)                                                                          (Juginder Kaur)
                   COURT MASTER                                                                        Assistant Registrar

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