The legal battle between Bangalore and Mumbai arms of the International Society for Krishna Consciousness (Iskcon) ended on Monday with the Karnataka high court ruling that the Mumbai Iskcon had rights over the properties of Iskcon, Bangalore.
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.
