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Reprinted from the Deccan Herald, Bangalore, India, Thursday, February 7, 2002
Judge Dismisses ISKCON Suit
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DH News Service, Bangalore, Feb 6
The XXVII Additional City Civil Judge, Mr A P Murari, today dismissed a suit filed by International Society for Krishna Consciousness (ISKCON) located at Chord Road, Bangalore, seeking an injunction declaring that ISKCON, Mumbai, has no power or authority to control the properties and affairs of ISKCON, Bangalore (Chord Road), its President and office bearers, besides its temples in Bangalore and Mysore.
In his order, the judge held, prima facie, that ISKCON, Bangalore, is a branch of ISKCON, Mumbai. The properties acquired and developed by the former were done as a branch of the latter and not as a separate entity. ISKCON, Mumbai, as the mother institution, has every right to regulate the affairs of its branch.
The judge also ruled that an exparte order passed on October 16, 2001, directing the parties to maintain status quo, is liable to be discharged. Compensatory costs of Rs 3,000 has been awarded to the first defendant, ISKCON, Mumbai.
The judge observed that the plaintiff, ISKCON, Bangalore, failed to produce consistent material to sustain its claim that the payment made for land allotted by the BDA was provided out of its own funds or raised from donations in its name. On the other hand, the accounts, the audit reports and the donation receipts produced by the defendant suggest that the sale consideration for the land purchased from the BDA came from the funds of the defendant. The donations were raised by using the income tax exemption number of the defendant.
The judge observed that the plaintiff is guilty of suppression of material facts on previous ligitations and refused temporary injunction as sought by the plaintiff. ISKCON, Bangalore Secretary, Sloka Krishna Dasa, had filed the suit claiming separate identity for ISKCON, Bangalore, and seeking a declaration that ISKCON, Mumbai, has no rights over the properties and office bearers of ISKCON, Bangalore.
C Copyright, 1999 The Printers (Mysore)Ltd.
CHAKRA 10 February 2002
