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And
And
Versus
To,
The Hon’ble Principle Judge,
City Civil Court,
Bombay.
1. That the Applicant Ghazi Mohammed Irfan S/o Abdul Mannan Azmi (M.A.,B.Ed.) as
registered under the provisions of the Bombay Public Trust, Act, 1950 and Society bearing
Regd. G.B.B.S.D. (Bom.) No. 175 / 74 registered under the provisions of the registration of
Societies Act, 1860, residing at 201/A, Garden Apartment, Grit Complex, Opp. Mahavir
Platinium, G-M Link Road, Chembur (W), Mumbai -400043 have to submits in this
Intervene application those may be urged before Hon’ble City Civil Court alongwith
reasons of as Intervene in this matter made as under:
1. The applicant submits that the father of appellant no.2 late Abdul Mannan Azmi
(M.A.,M.Ed.) was the founder of the abovementioned Public Trust and the
1974-75 and since then they are in existence and carrying on their educational
activities. The father of appellant no.2 was the Hon. General Secretary & Trustee of the
said Society & Trust. The said his late respectable father Abdul Mannan Azmi
(M.A.,M.Ed.) has imparted education and spread it to poor and needy people and also he
was the architect and founder of several educational institutions including this High
School with very hard-work and sincere efforts including his big sacrifice which he made
for the betterment of the community and nation till his last breath i.e. 3rd November
2002. The Municipal Corporation of Greater Mumbai had accepted the noble and loyal
service for 38 years of my late father in Educational field, running activity of the said
Society & Trust in Slum area at Govandi which he had struggle day and night for
imparting and spreading education and has spent whole of his life for the same facing
many difficulties & troubles from 1963 to 2002 and hence the Municipal
recognized his services and approved his name for the Road to be named as
“PRINCIPAL ABDUL MANNAN AZMI MARG” from Lotus Colony Chowk and leading
to Govandi Railway Station (west) at Govandi, Mumbai–43, in the year 2006 with the
view to perpetuate his Memory as a Great & luminous person. The said Abdul
Mannan Azmi died in Mumbai on 03-11-2002. After the death of the said Abdul
Mannan Azmi, the appellant no.2 was elected as Hon. General Secretary of the said
Society & Trust and since then he has been acting as such i.e. Hon. General Secretary of
(B) The appellants submits that as per 18th Clause of the Rules & Regulations of the
said “ANJUMAN” Trust and the Society the following are the functions and duties of the
A perusal of the said clause clearly shows that the General Secretary plays a vital and
other words the General Secretary is the whole and sole of the said Trust and Society.
All aspects of the management and administration of the said Trust and Society are
under his general supervision. Hereto annexed & marked as Exhibit “ A” is a copy of
the Rules & Regulations / Memorandum of the Association of the “ ANJUMAN RIAZ-
UL - ISLAM ” Public Trust, P.T.R. No. F-3328 (Bom) and the Society Regd. G.B.B.S.D.
(Bom) No. 175 / 1974 received from the office of the Charity Commissioner dated 10-06-
2010.
(c) The appellants submits that the appellant no.2 came to know late that taking an
undue advantage of the growing educational activities of the said Trust and Society, the
Treasurer Mr. Nawab Rehmatullah Usmani and the Head Mistress, Ms. Naeema Qattal
Hundekari respectively, who is Respondent no.3 have started acting beyond their
powers. Certain important records and documents including Bank Accounts and its
transactions have been in the personal custody of the said Mr. Nawab Rehmatullah
Usmani and the Head Mistress, Respondent no.3, who is ordinary an employee of the
Institution but she poses herself to be a Chairman & Trustee and sole incharge of the
said Institutions since long time with blind support and necessary help from the
Treasurer Mr. Nawab Rehmatullah Usmani. Several times they forged the signatures of
appellant no.2 on important documents and records and sometime takes the signatures
by suppression and misrepresentation of facts under their different trick and idea.
Appellant no.2 came to know that they are guilty of illegal collection of funds and their
misappropriation belonging to the said Institutions. The said Mr. Nawab Rehmatullah
Usmani is signing the documents and records as Treasurer / Chairman and doing
authority to do the same. Both persons have suppressed the powers of appellant no.2
who is the Gen. Secretary keep under the thumb by their well cordial relations from each
other in this way that both have usurped sole signing authority with arrogate manner
and damaged the reputation as contemptuous from last so many years. It has become
very necessary for appellant no.2 to be more careful, studious and assertive in
functioning and discharging the duties for appellant no.2 as the General Secretary &
Trustee of the said Institutions. In the meantime it has become necessary for appellant
no.2 to inform about the illegal activities of the said Treasurer and the said Respondent
no.3 and to be more careful while dealing with the affairs of the said Institutions.
1. The Appellants are the registered Trust under the Bombay Public Trusts Act, 1950
and their registered bearing P.T.R. No. F- 3328 (BOM.) and the present Appeal has been
preferred by the General Secretary & Trustee who is the member of the Appellant Trust.
Further states that this Hon’ble Court have the Jurisdiction to entertain the present
2. The appellant no.2 submits that the impugned order was passed on
09-12-2010. Hereto annexed and marked as Exhibit “C” is a copy of letter dated 22-
07-2013 of Roznama, different Applications and Affidavits of Respondent no.1 and also
copy of several Notices under 50 A (1) which was sent to the Trustees whose names are
registered on the record of Schedule – I, in Asstt. Charity Commissioner Office through
Office of the Asstt. Charity Commissioner i.e. Respondent no.4. Further hereto annexed
and marked as Exhibit “B” is an Order of Scheme application no. 23 of 2009 alongwith
5. The appellant no.2 submits that the above wrong intension or malafide intension
which was old of Respondents no.1 & 3 and whom they waiting for this opportunity and
then Respondents no. 1 & 3 took time by the forelock on 07-05-2013 from back &
behind to the appellant no.2 and the same is drafted with the apparent ulterior motive of
their own self interest and grabbed several Orders from the concerned Education
Department – North Zone at Chembur after submitted the file / letter by unauthorized
and illegal Resolutions which had been passed by Respondent no.1 & 3 in view of that
6. The appellant no.2 submits that the above ----but appellant no.2 submits necessary
and important factor before this Hon’ble City Civil Court in this Charity application.
7.
8.
9. is falsification and counterfeit and also signature of Respondent no.2 had used under
serial no.4 for just fill in the blanks as safeguard to Respondent no.1 & 3 themselves in
future aspect and, thus included the name of Respondent no.2 in the said Scheme
11.
12. Hereto annexed and marked as Exhibit “D” is a copy of the letter
dated 14-08-2013.
15. The appellant no.2 submits that the present Respondents are not a Members of
the appellants, except no.2 and the Respondents are not at all concerned with the
activities of the Appellants, the Respondents No. 1 & 3 are also not the beneficiaries of
the appellants but they have filled Application No. 23 of 2009 without following due
procedure of law with the office of the Respondent no.4 under section 50 A (1) under
the Bombay Public Trusts Act, 1950 and also they violated the rules & regulations and
make Affidavit by Respondent no.1 from back & behind the appellant no.2 for the
appointment of Trustees and also challenged the activities of the Appellants and the
Respondent no.4 have admitted the said application No. 23 of 2009 with wrong & fake
Affidavit without applying the Judicious mind, and without considering the facts of the
Case entertained the said application of the Respondents under section 50 A (1) of the
16. The appellant no.2 submits that, in view of this defect, it was not open to the Asstt.
Charity Commissioner, Greater Mumbai Region to pass order affecting and depriving the
rights of the trustees whose names are appearing in Schedule I. However, in the instant
case, by virtue of allowing the Application No.23 of 2009 vide order dated 09-12-2010,
the name of persons whose names are appearing in Schedule I, and tomorrow it will get
deleted from Public Trust Register, Schedule I without affording him any opportunity of
being heard which act on the part of the Asstt. Charity Commissioner, Greater Mumbai
19. The appellant no.2 further submits that the Respondent no. 1 is not the member of
the appellants but represented application No. 23 of 2009 before the Respondent no.4
for appointments of Trustees by Scheme under section 50 A (1) of Bombay Public Trusts
Act, 1950 and also he is filed necessary Affidavit and mentioned as the Member of the
appellants and the Respondent no.4 have agreed for the same without verifying the
facts and records, and allowed the application infavour of the Respondents no.1. The
Respondent no.1 misrepresented and misapplication to the Respondent no.4 and shown
Respondent no.1 and 3 both are the members of the Society / Trust i.e. Appellant no.1.
under the wrong provisions of the act and absolutely No due procedure has been
followed at the time of allowing the said application infavour of the Respondents, which
Respondent no.1 have submitted before the Respondent no.4 by vide application No. 23
21. The appellant no.2 submits that, on this ground the present Respondent no.1 had
no authority or locus to file the Application No. 23 of 2009 by Scheme under section 50
A (1) but still, the Asstt. Charity Commissioner, Greater Mumbai Region had entertained
the application filed by the Respondent no.1 without application of judicious mind.
22. The Respondent no.4 exceeded its Jurisdiction by entertaining the issue of
enrollment of the members which is coming under Jurisdiction of this Hon’ble Appellate
Court as the enrollment of member with the society is clearly a Civil contract and the
same shall be decided before the Hon’ble City Civil Court at Bombay.
23. The Appellant no.2 submits that the Order of the Respondent no.4 which added /
bearing P.T.R. No. F- 3328 and Society bearing Regd. G.B.B.S.D. (BOM.) No. 175 / 74 as
well as the record of Schedule I in the Office of the Asstt. Charity Commissioner, by
order are without following proper due procedure of law by the Assistant Charity
Commissioner.
24. The Appellant no.2 submits that he has taken several objection on the letter of
Respondent no.1 & 3 as such was alleged President and the alleged Chairman of the
said Society & Trust themselves and also issued several Legal Notices to the Respondent
no.1 & 3 by Appellant no.2 for their illegal and wrongful act. As well as the Appellant
no.2 had taken strong objection on the role and duty of Respondent no.1 & 3, the
question is arise that, Why Respondent no.1 & 3 had kept secret or hide the Orders of
Respondent no.4 (Asstt. Charity Commissioner) from Appellant no.2, which he had
passed in Scheme application on 09-12-2010 ? Why Respondent no.1 & 3 had not taken
any meeting before Appellant no.2 from 2010 till this day? Why Respondent no.1 & 3
had not exposing this information and kept in the dark from Appellant no.2 ? Why
Respondent no.1 & 3 haven’t show the copy of application no.23 of 2009 or Orders of
the Respondent no.4 on 09-12-2010 or the copy of the Schedule - I to the Appellant
no.2 in the year 2010 or from 2010 to till this day ? But it has fallen on deaf ears and
was kept quiet since then, and did not reply to the several letters till this day and thus
Respondent no.1 & 3 has admitted the allegations of facts mentioned therein by non-
traverse. As well as Respondent no.1 & 3 was also not replied to the several Legal
Notices and they had accepted the allegations of facts mentioned therein by non-
traverse. The Appellant no.2 craves leave to refer to and rely upon several letters and
It mean Respondent no. 1 & 3 have accepted the allegations of facts mentioned therein
by non-traverse, speaks volumes about the malafide intention and ulterior motive and
Respondent no.1 & 3 are guilty for their part of serious nature for the same.
29. The Appellant no.2 submits that this is nothing but a clear cuts issue of falsification -
counterfeit and illegal activities from back & behind to the Appellant no.2 and other
concerned several departments alongwith several criminal breaches of trust and also
using their undue influences and dictatorial power so, necessary hindrance is must by
32. The Appellant no.2 submits that the Respondent no.1 & 3 made their own accord
under greedy intension while Respondent no.1 & 3 have no power or any authority and
fraud, falsification, counterfeit, several criminal breaches of trust, dishonest and illegal
activities with Government authorities as well as Appellant no.1 & 2. This is nothing but
a clear cuts proof of wrongdoing activities are continued till this day without hesitation.
33. The Appellant no.2 submits that the reasons recorded by the Asstt. Charity
34. The Appellant no.2 submits that considering from any point of view, there is a total
act of non - application of judicious mind by the Asstt. Charity Commissioner, Greater
Mumbai has arrived at an erroneous conclusion which order is required to be set aside
the execution and operation of the said order is required to be revoke or cancel
40. The Appellant no.2 submits that since the Society & Trust in question is registered
with the Office of the Asstt. Charity Commissioner, Greater Mumbai Region, this Hon’ble
City Civil Court has jurisdiction to try this Charity Application and the said Charity
Application is filed today. Hence, the Charity Application is well within the limitation.
41. The Appellant no.2 has affixed necessary Court Fee Stamp as provided under the
Bombay Public Trusts Act, 1950 and / or the Hon’ble City Civil Court at Bombay.
42. The Appellant no.2 therefore, craves leave to add, alter, amend, modify, rectify,
substitute and / or delete all or any of the clauses of this Charity Application, if any, and
when necessary.
[g] For such further and other reliefs as the nature and Circumstances of
the case may require.
[h] Such other just and proper order in the interest of the Society &
Trust and Interest of justice;
Applicant
VERIFICATION
at Mumbai, do hereby state on solemn affirmation that what is in stated are true
Applicant
GHAZI MOHAMMED IRFAN A.M.
GEN. SECRETARY
IN PERSON
Before me,
NOTICE OF MOTION
And
And
Versus
Applicant
GHAZI MOHAMMED IRFAN A.M.
GEN. SECRETARY
IN PERSON
GEN. SECRETARY
Anjuman Riaz - ul - Islam …APPLICANT
V/s.
INDEX
1. Notice of Motion A to D
3. Urgent Application “ a ”
Place: Mumbai.
Applicant
GHAZI MOHAMMED IRFAN A.M.
GEN. SECRETARY
IN PERSON
Residing at :- 201/ A, Garden Apartment, )
Grit Complex, Opp. Mahavir Platinium, )
G - M Link Road, Chembur (W), )
Mumbai 400 043.
GEN. SECRETARY
Anjuman Riaz - ul - Islam …APPLICANT
V/s.
MEMORANDUM OF ADDRESS
GEN. SECRETARY
Anjuman Riaz - ul – Islam …Appellants
V/s.
L I S T O F D O C U M E N T S
IN
V/S.
INTERVENE A P P L I C A T I O N
APPLICANT
Ref. 4 ONLINE complaints, Dial 100, 103, BMC Helpline no.1916 and letters
dtd.30.06.17, 10.07.17
and 13.07.17 in this concerned.
[Hereinafter referred to as said Trust] would like to inform you with necessary attention
that the Asstt. Municipal Commissioner had passed the ORDER on 07-07-2017 in P.G.
Meeting for DEMOLITION of illegal construction in Anjuman Riazul Islam High School,
New Gautam Nagar, Govandi, Mumbai–43, which is running since 29-06-2017 Day &
Night till 12.00 at Night and in running school period and jammed road traffic by lime
materials which is on road in rainy season, several offences they made in one time from
illegal manner by Ms. Naeema Qattal Hondekari, Mrs. Nakib Javed Anwar and Mr. Munir
Ahmed without taking legal permission from BMC for constructing Room in the school
and did not conducted meeting of management by competent authority person i.e. me as
Gen. Secretary and second ORDER had been passed on 10.7.2017 (Monday) by D.M.C.
Zone V in P.G. Meeting but No action has been taken by Asstt. Engineer, M/E Ward (B/F)
and other relevant Officer till this day, as Ms. Naeema Qattal and her sister Mrs. Nakib
Javed says that in the school on 03-03-2017 during quarrel situation that “We have
given Rs.50,000/- (Fifty Thousand) to officer for ‘Room constructing’ thus they cannot
demolish this room without Police Security ” and support is providing by outsider
person / anti - social element / local neta / politician, and result Asstt. Engineer is not
following ORDER of A.M.C. M/E Ward and D.M.C. Zone V for Demolition such illegal
constructing room and delaying discharge of official duties by Asstt. Engineer (B/F).
At the very out set that the Correspondence power has been assigned to Gen.
Secretary - Mr. Ghazi Mohammed Irfan by order of the Hon’ble Charity Commissioner
dated 09-12-2010 under application No. 23 of 2009. The Gen. Secretary - Mr. Ghazi
Mohammed Irfan is only legal entity of the trust and represent to the management
according to CLAUSE 20 (C) of the SCHEME of the Anjuman Riazul Islam Trust and NO
power to any other trustees or office bearers to conduct correspondence with the
concerned authorities on behalf of the management. In other simple words the General
Secretary is the responsible legal signatory of the said Trust to look after
administration. All aspects of the management and administration of the said Trust are
under his general supervision. I herein quotes the same important & mandatory para of
the SCHEME application No.23 of 2009 which highlights under functions and duties of
achieve the Aims and Objects of the Trust, to prepare or cause to prepare the minutes
Book etc, He shall also make correspondence with the concerned authorities. He shall
“20 (D) JOINT SECRETARY:- He shall assist Secretary in his work and on absence of
As per the legal position stated hereinabove in this support by Scheme of the
Anjuman Riazul Islam Trust clearly shows that the General Secretary plays a vital and
pivotal part in the administration of management, functions and discharge of duties. In
other simple words the General Secretary is the responsible legal signatory of the said
Trust to look after administration and management of the institution. I further state
that he is legal entity of the Trust and represents to the Management according to
CLAUSE 20 (C) of the SCHEME / CONSTITUTION of the Anjuman Riazul Islam Trust, PTR
No. F-3328 and in the Absence of General Secretary the JOINT SECRETARY will Legal
Entity to look after and perform their duties or responsibility as per the Scheme of the
Trust under Clause 20 (D) in the absence of the General Secretary and supporting copy
is of the SCHEDULE - I by the office of the Charity Commissioner at Worli dated 21-04-
I further state that the Gen. Secretary – Mr. Ghazi Mohammed Irfan is only one legal
entity of the Trust and represents to the Management according to CLAUSE 20 (C) of the
SCHEME / CONSTITUTION of the Anjuman Riazul Islam Trust, PTR No. F–3328 and in the
absence of GENERAL SECRETARY – Mr. Ghazi Mohammed Irfan the JOINT SECRETARY –
Mrs. Azmi Amina Abdul Mannan will Legal Entity to look after and perform her duties and
It is fact that “Board of Trustees” has conducted the meeting in the school on 05-
06-2015 and removed / expelled Mr. Munir Ahmed as President alongwith his co-
partner, Ms. Naeema Qattal Hondekari as Chairman unanimously from the trust due to
their several illegal and corrupt practices including their anti-trust activities, over all
performance were found unsatisfactory in the meeting by present trustees hence, their
all powers has been seized / forfeited and thereafter Change Report has been submitted
to the Office of the Charity Commissioner at worli which is sub-judice since 2015. But
both persons have started acting beyond their rights and exceeded their power illegally
without authorization out of rule and committing illegal and anti–trust activities with
several breach of trust by misappropriation of the fund and started to act as a holding
authority person of the said trust from illegal styled and support is providing by Mrs.
Nakib Javed Anwar (Headmistress) who is sister of Ms. Naeema Qattal Hondekari (Ex.
Headmistress / Ex. Chairman) and she has became Headmistress of the school by
committing fraud and therefore, the matter is still pending in Education department
It is further fact that the Work of construction in our school is not with Clean Hand
and room is so dangerous / risky which made in just 10-12 days in rainy season by slum
contractor in hurriedly which is not safe and sound and we have no need to increase
room because our strength is same 1650 students as earlier. It is nothing but also their
malafide intension with an ulterior motive for their larger benefits and undue
advantages from this growing educational institutions with the help of some outsider
persons / anti –social elements / local Neta / Politicians who comes in our school from
Under the Circumstances we are hopeful that appropriate action will be taken at your
end against Ms. Naeema Qattal Hondekari, Mr. Munir Ahmed and Mrs. Nakib
Javed Anwar and therefore we humble prays before your goodself may kindly deserves
school and may kindly be pleased to issue forthwith order to Demolish illegal
construction of Room in the school alongwith Penalty and save our educational
institution from illegal activities and above guilty persons otherwise wrong message will
spread in the public and society which will irreparable. We further pray before your
against concern Asstt. Engineer of M/E Ward (Building & Factory) and other involved
Officer (s) / employee (s) according to due process of Govt / BMC Rules / Act under
“Code of Conduct” in the light of above facts for upliftment of natural justice .
We, undersigned Mrs. Azmi Amina A.M. as Founder / Jt. Secretary / Trustees age
72 years - Senior Citizen and Mr. Ghazi Mohammed Irfan as General Secretary /
Trustees [Hereinafter referred to as said Trust] would like to inform you that we have
highly objection on illegal construction in our Anjuman Riazul Islam High School, New
Gautam Nagar, Principal A.M. Azmi Marg, Govandi, Mumbai–43, since 29-06-2017
(Thursday) by Ex. Chairman / Ex. Headmistress, Ms. Naeema Qattal Hondekari without
following due process of law of BMC rules / our permission as per Constitution of the
Trust by competent authority of the management whilst our matter is sub-judice in
Hon’ble Charity Commissioner between 2 groups of trustees since 2013 which is serious
dispute.
It is pertinent to note that “Board of Trustees” has conducted the meeting in the
unanimously from the trust and member of the management due to their several illegal
and corrupt practice including their anti-trust activities, over all performance were found
unsatisfactory in the meeting by present trustees hence, their all powers has been
seized / forfeited and thereafter necessary Change Report has been submitted to the
Office of the Charity Commissioner at worli which is sub-judice since 2015 in this
matter. But both persons have started acting beyond their rights and exceeded their
powers illegally without authorization out of rule and administration and made several
anti –trust activities and breach of trust with the institutions and started to act as a
It is further pertinent to note that Mrs. Nakib Javed Anwar (Headmistress) who
is sister of Ms. Naeema Qattal Hondekari (Ex. Headmistress / Ex. Chairman) and she has
became Head Mistress of the school by committing fraud and therefore, the matter is
still pending in Education department since 2013. Ms. Naeema Qattal Hondekari, Ex.
Chairman / Ex. Headmistress comes daily in the school from illegally and shows her
autocrat for minting money and threats to other staff members of the school with the
help of her 6 sisters / relatives and some outsider persons / anti –social elements / local
Neta / Politicians under secret agreement and result school discipline is getting damage
We further state that my late husband “Mr. Abdul Mannan Azmi (M.A.,M.Ed.)”
High School and three Urdu Primary Schools in Govandi, Mumbai at Slum in 1974-75 and
since then they are in existence and carrying on their educational activities by very
hard-working including his big sacrifice which he made for the betterment of the Society
& Nation till his last breath. The Municipal Corporation of Greater Mumbai had accepted
the noble and loyal service of my late husband in Educational field at Slum Govandi as
he had struggle day and night for imparting and spread education and spent whole life
and also faced many difficulties & troubles by Gondanisym / Hooliganism and therefore,
recognized his services and approved his name for the Road to be named as
“PRINCIPAL ABDUL MANNAN AZMI MARG” from Lotus Colony Chowk and leading to
Govandi Railway Station (west) at Govandi, Mumbai–43, in the year 2006 with the view
to perpetuate his Memory as a Great person. The said Abdul Mannan Azmi died in
Mumbai on 03-11-2002. His whole family has sacrificed for the glory and reputation of
the institution.
We further state that the Work of construction in our school is not with Clean
Hand. It is nothing but also their malafide intension with an ulterior motive for
their larger benefits and undue advantages from our this growing educational
institutions with the help of some outsider persons / anti –social elements / local Neta /
Politicians who comes in our school from illegally under secret agreement and trying to
forums and before this we will contact to Print Media & mass media / Social Media
against them for their illegal activities as earliest alongwith their supporting outsider