Hearing the regular first appeal (RFA) filed by Iskcon, Mumbai challenging the April 17 verdict of IX additional civil and sessions court ruling that the property in Harekrishna Hills in Rajajinagar belonged to Iskcon, Bangalore, a special division bench of justices HN Nagamohan Das and Arali Nagraj on Monday observed that the Bangalore body had no right over the scheduled properties.
Iskcon, Bangalore then filed an application seeking a stay on the high court order until it could file an appeal against the verdict in the Supreme Court. The application will come up for hearing on Tuesday.
The bench observed that Iskcon, Bangalore was not a legally constituted body and it was a branch of the Mumbai outfit.
The society and office-bearers of Iskcon, Bangalore have no right to interfere with the functioning and managing of the properties in the city.
They had miserably failed to prove the legal existence of Iskcon, Bangalore as an independent autonomous body, it said.
The court also said that there was no evidence on record to show as to when Madhu Pandit Das, president of Iskcon, Bangalore enrolled as a member of the organisation.
It further observed that Iskcon, Bangalore was a defunct society and was taking advantage of the similarity in its name with that of Mumbai Iskcon.
It had fabricated documents and was falsely claiming its right over the properties. There was no evidence on record to show that the properties were built by Iskcon, Bangalore.
The bench further directed that Madhu Pandit Das and other full-time devotees were entitled to continue to function at the Iskcon, Bangalore in accordance with the byelaws and rules of the Mumbai Iskcon.
The Karnataka high court observed that Iskcon, Bangalore was to conduct its first general body within 18 months of its registration in 1978 and elect a governing body.
However, it had not done so which was a clear violation under the Section 1(2) of the Karnataka Societies Registration Act.
From 1978 till March 2002, the plaintiff society had not even filed its returns with the income tax department.
The society filed its income tax returns for the first time in March 2002, showing a fund of about Rs35.59 crore in its balance sheet, the court pointed out.
Iskcon, Bangalore failed to show that it was owner of the immovable property bearing survey nos 174 and 175 in Ketamaranahalli which is now Rajajinagar II stage and property measuring six acres and eight guntas at No 3, 1st cross, 3rd stage Gokula, Mysore.
Iskcons gird up their loins for battles off court too
The Karnataka high court’sorder that the Mumbai Iskcon is real title holder for the Bangalore Iskcon properties, sent the the two parties into a tizzy.
Within hours of the judgement, there was a flurry of activity at the West of Chord Road headquarters of Iskcon, Bangalore.
Local Iskcon authorities immediately sought the enhancement of police presence at their West of Chord Road complex. Additional police forces were rushed to the complex. Besides civil policemen, private security personnel too man the Iskcon complex.
Representatives of Mumbai Iskcon, meanwhile, petitioned GT Ajjappa, ACP, Malleswaram subdivision, alleging that the Bangalore outfit was plotting to smuggle out of the West of Chord Road premises computers with valuable data.
They urged the city police to prevent this as the high court had declared Mumbai Iskcon as the rightful owner of the Bangalore properties.
Over 200 devotees of Mumbai Iskcon said to be camping in Bangalore are believed to be working on taking physical control of the Iskcon complex on West of Chord Road, following the Karnataka high court delivering the judgment in their favour.
According to sources, devotees are staying in groups in Bangalore city and are likely to enter the Radha Krishna Temple to take physical posession of the property.
In view of the high court declining to grant temporary stay on its judgment and the Supreme Court being on vacation, any intervention by the Apex Court is expected to take at least three to four days.
The Mumbai Iskcon devotees’ plan is to take possession of the property before that, sources added.
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