Bombay High Court
Samarth Seva Mandal, Sajjangad ... vs Ramdas Swami Sansthan (Through ... on 16 March, 2021
Bench: K.K. Tated, R. I. Chagla
7 IA 719-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 719/2021
IN
FIRST APPEAL NO. 126/2021
Samarth Seva Mandal, Sajjangad & Ors. .. Applicants
vs.
Ramdas Swami Sansthan & Ors. .. Respondents
.....
Mr. Sanjeev Gorwadkar, Senior Advocate with Mr. Nikhil
Wadikar for the Applicants.
Mr. S. S. Kulkarni i/b Manmath Athalye for Respondent Nos.
1 to 7.
.....
CORAM: K.K.TATED, &
RIYAZ I. CHAGLA, JJ.
DATED : MARCH 16, 2021
P.C.
. Heard.
2. Not on board. Taken on board.
3. By this Interim Application, the Applicant-Original
Defendants are seeking stay of the operation and
implementation of the Judgment and decree dated
05/11/2020 passed by the Civil Judge, Senior Division,
Satara in Special Civil Suit No. 8/2003.
4. In the present proceedings the Respondent-Original
Plaintiff fled suit for accounts in respect of the funds
collected by Defendant No.1 Samarth Seva Mandal
Sajjangad for Plaintiff No.1 Shri. Ramdas Swami Sansthan
Laxmi 1/7
7 IA 719-21.odt
and its payment with interest and also claims for possession
of immovable properties. The Trial Court after considering
both sides framed issues which reads thus:
"Issues Findings
1. Whether plaintiff proves title over the In affrmative
suit properties?
2. Whether plaintiff proves that the In affrmative
defendant No.1 committed breach of
term of compromise dated 26.10.1959?
2A Whether defendant No.1 was In affrmative
representative of plaintiff?
3. Whether plaintiff proves that by notice In affrmative
dated 16.09.2002, the agency/
representativeship of defendant No.1
was terminated?
4. Whether the suit is properly valued In affrmative
and requisite court fee is paid?
5. Whether the permission of Charity In negative
Commissioner is requisite?
6. Whether this Court has jurisdiction to In affrmative
try the suit?
6A Whether suit is within limitation? In affrmative
7. Whether plaintiff is entitled to get Partly
possession of suit properties as Affrmative
prayed?
8. Whether plaintiff is entitled to get In affrmative
accounts since 26.10.1959 from
defendant No.1 as claimed?
Laxmi 2/7
7 IA 719-21.odt
9. Whether plaintiff is entitled to get As per fnal
recovery of an amount of Rs. order
3,25,00,000/- from defendants jointly
and severally as claimed?
10 Whether plaintiff is entitled to As per fnal
. recovery of an amount of Rs.50 Lacs order
from defendants jointly and severally
as claimed?
11. Whether plaintiff is entitled to get In affrmative
relief of injunctions as prayed?
12 What order and decree? As per fnal
. order"
After considering evidences on record, the Trial Court
by impugned Judgment and decree dated 05/11/2020
directed the Applicant to hand over certain properties to
the Respondent-Original Plaintiff and also not to operate the
bank accounts with United Western Bank/IDBI.
5. The learned counsel for the Applicants submits that
the Trial Court by its order dated 07/11/2020, at Exhibit
444 granted stay for appeal period. He submits that the said
interim order to be continued till further orders.
6. The learned counsel for the Applicants submits that
the Applicants undertake several activities i.e. to maintain
sanitoriums, temples etc. For that purpose, they have to pay
spend amount on day to day basis. If the stay is not granted,
it will be impossible for the Applicants to continue their
activities of Mandal. He submits that in the interest of
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7 IA 719-21.odt
justice, this Hon'ble Court be pleased to continue the stay
granted by the Trial Court till the hearing and fnal disposal
of the present frst appeal.
7. On the other hand, the learned counsel for the
Respondents vehemently opposed the present application.
He submits that he requires 3 weeks' time to fle their reply.
He submits that in any case, the Trial Court by impugned
Judgment and decree dated 05/11/2020 directed the
Applicants to hand over certain properties as well as not to
withdraw any amount from the account with United
Western Bank/IDBI. He further submits that the Trial Court
also restrained the Applicants from collecting the funds or
donations as representative of the Original Plaintiff-Trust
for any purpose. He submits that if this Court grants any ad-
interim relief in favour of the Applicants till the next date,
some conditions may be imposed on the Applicants for
withdrawal as well as collection of funds and donations, if
any.
8. We heard both sides at length. It is to be noted that the
Trial Court by impugned Judgment and decree dated
05/11/2020 directed the Applicants to hand over certain
properties as well as not to withdraw any amount from the
account with United Western Bank/IDBI. The operative part
of the order dated 05/11/2020 reads thus:
"1. Suit is partly decreed.
2. Defendants are directed to remove all
their movables from suit properties
Laxmi 4/7
7 IA 719-21.odt
described in plaint para No. 17A (Sr. Nos. 1 to
25) and properties described at Sr. Nos. 1 to
its vacant possession to the plaintiff trust
within three months from the date of
preliminary decree.
3. The claim of plaintiff in respect of suit
properties described at Sr. Nos. 6 to 12 in
plaint para No. 17B is rejected.
4. Defendants are directed to give detailed
accounts with updated interest to plaintiff
trust of funds, donations and properties
collected/raised by them from 26/10/1959
for the work and use of Shri. Ramdas Swami
Sansthan/plaintiff trust.
5. Defendants are further directed to give
detailed accounts with updated interest to
plaintiff trust of funds and donations
collected/raised by them from 26/10/1959
for renovation of Shri Ramdas Swami
Sansthan's temple property and for Pooja
Archa, Utsav Mahostav, festival, Nandadeep,
Naivedya, etc. in the place of plaintiff
trust/Devesthan at Sajjangad.
6. Defendants are jointly and severally
liable to pay all above accounted dues to
plaintiff trust forthwith. If defendants failed
to give accounts as above, Commissioner be
appointed and its cost be recovered from
defendant trust.
7. Further, defendants are perpetually
restrained from withdrawing,
encumbrancing or transferring the amount
mentioned in para No. 12 of the plaint till the
fnal decree.
8. Defendants, their agents, servants or any
other person on their behalf are hereby
perpetually restrained from collecting any
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funds or donations as a representative of
plaintiff trust for any purpose.
9. Preliminary decree be drawn
accordingly."
9. It is specifcally stated in paragraph 12 of the plaint
that the Applicants have deposited a sum of Rs.
3,25,00,000/- in a fxed deposit with United Western
Bank/IDBI. It is the case of the Applicants, that they are
conducting several activities of the Mandal by withdrawing
the interest amount of fxed deposit of Rs. 3,25,00,000/-. In
any case, the Trial Court granted stay for limited period i.e.
for appeal period. Apart from that, the Respondent-Original
Plaintiff has not fled their reply. Therefore, it is necessary
to protect the interest of the Original Plaintiffs also till the
next date.
10. In view of these facts, interim protection granted by
the Trial Court dated 05/11/2020 to continue till the next
date with following conditions:
a. i) If the Applicants withdraw any amount from the
account with United Western Bank/IDBI for their
day to day expenses, then they must maintain
the account separately for that amount.
ii) The Applicants are restrained from withdrawing
the amount for any major work till the next date.
iii) If any donations are collected by the Applicants
during this period, they must maintain separate
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7 IA 719-21.odt
account and submit report with copy to other
side.
b. The Respondents to fle their reply on or before
19/04/2021, with copy to other side.
c. Rejoinder, if any, to be fled on or before 30/04/2021,
with copy to other side.
d. In the meanwhile, the Applicants to complete service
on unserved Respondents and fle affdavit of service to that
effect.
e. Matter to appear on board on 18/06/2021.
( RIYAZ I. CHAGLA, J.) (K.K.TATED, J.)
Laxmi 7/7
