AS RECEIVED
Reply of ITREB in Law Suit in Hon. Court in India(on 30/06/2011)
On July 20th, 2011 Mansoorali Abdulrahim Noorani (not verified) says:
Ya Ali Madad - Dear Umed & Admin , i know , i ought to have posted this reply of ITREB in relevant section , but due technicality reasons , i have posted it here , i leave it to you , eighter to post here or shift to relevant forum , sorry for trouble , also i request , the Readers , with reading of this reply of ITREB , they may have a look at original S C Civil Suit No 728/2011 placed in relevant forum , as in written statement , para No. wise , reply is given .Next date of this case is 08/08/2011. Thank You .Ya Ali Madad.... !
IN THE CITY CIYIL COURT AT BOMBAY
SC SUIT NO.728 OF 2011
MR. HUSSAIN HASSANALI DOSSANI ]
AGE: 44 YEARS,OCC. BUSINESS, ]
R/AT RAHIMIYA BUILDING, ]
FIRST FLOOR, ROOM NO. 21, ]
NAVROZI HILL ROAD, DONGRI MARKET ]
MUMBAI - 400 009. ]…………………………………………………………………...................... Plaintiff
Versus
HIS HIGHNESS PRINCE AGAKHAN ]
SHIA IMAMI NATIONAL TARIQAH ]
AND RELIGIOUS EDUCATION BOARD ]
FOR INDIA, KARIMABAD, ]
116, IMAMWADA ROAD, ]
NEAR BHINDI BAZAR, ]
MUMBAI- 400 009 ]……………………………………………………………………………………..Defendant
WRITTEN STATEMENT
1. At the outset, the defendant states and submits that the present
Suit as framed and filed by the plaintiff is misconceived, not maintainable
and liable to be dismissed with costs for the following amongst other
grounds which are set out hereinbelow and taken without prejudice to and
In the alternative to one another:
i) The plant is not verified in accordance with law;
ii) The plaint discloses no cause of action against the defendant or
Otherwise;
iii) The suit is vexatious, malafied and filed with ulterior motives;
iv) The defendant is an institution established under the constitution
Ordained by His Highness the Aga Khan in the capacity of being the
49th hereditary Imam of the Shia Ismaili Muslims for the social
Governance of the Shia imami Ismaili Muslim community. The
Defendant board is not an entity and can neither sue nor be sued
as described in the plaint. The suit as filed in not maintainable and
Liable to be dismissed with costs;
v) The suit is filed by the plaintiff in a representative capacity, without
Permission of the court and/or following procedure as provided in
Law;
vi) The plaintiff has no legal and/or any individual right to seek the
Reliefs as prayed for;
vii) The defendant is not under an obligation/legal duty towards the
Plaintiff to act as is sought by him by his prayer in the present suit
viii) The defendant has committed no breach in performance of any of itstowards the plaintiff or otherwise as prayed for or otherwise. The defendant functions in accordance with and obliged to follow the Ismaili Constitution;
ix) The Ismaili constitution governing the community is for internal discipline and
as such an individual member of the community has no independent right of any
Nature whatsoever;
x) The plaint discloses no case rendering it necessary for this Hon'ble Court to compel
Performance of the acts prayed for;
xi) No decree as prayed for is liable to be granted as the same is not capable of being
enforced by this Hon'ble Court;
xii) No cause for grant of discretionary relief as prayed for by the plaintiff is made
xiii) The relief as prayed for would create a new state of affairs which ought not to be granted by
Hon'ble Court;
2. At the further outset:
i) The defendant denies each and every allegation, contention, averment and submission made by the Plaintiff In the plait as if the same are set out here in and traversed seriatim. The defendant states that nothing contained in the plaint should be deemed to be admitted by the defendant except what is expressly admitted hereinafter.
ii) The plaint narrates various incorrect facts. The facts that are set out in the plaint are not
admitted By the defendant for want of non-traverse. The plaint does not provide material particulars and is Vague
3. With reference to paras 1 to 4 of the plaint, the defendant craves leave to refer to and reply
upon the constitution of the defendant board for its true meaning, legal interpretation and effect.
The Shia imami Ismaili Muslims are governed by their constitution read with the guidance of
''Mawlana Hazar Imam'' viz. Mawlana Shah Karim al Hussaini, His Highness Prince Aga Khan, the
Forty ninth Imam of the Ismailies, or his successor designated by him to succeed him as the Imam
, or any of his successors as Imam so designated by his predecessor.
4. With reference to paras 5 to 7 of the plaint, it is submitted that the term ''Jamat' means 'Ismailis
residing in any particular area'' and the term ''Jamatkhana'' means ''a place designated as such by
the Mawlana Hazar Imam for the use of Ismailis for Tariqah practices ''. The rest of the contents of
paras under reference are denied which are inconsistent with what is stated herein. No Individual
Has any right of governance or seek governance over the defendant
5. With reference to paras 8 to 15 of the Plaint:
i) It is submitted that the Defendant Board constituted under Article 8 of the constitution of Shia Imami Ismaili Muslims operates and functions as provided therein. It is submitted that the Defendant Board carries out its objects as provided for under the said Constitution and undertake various publications thereby fulfilling its objects. The plaintiff has no cause against the defendant to seek any relief in that regard.
ii) It is submitted that the allegation made by the plaintiff are vague, based on unsubstantiated
conjunctures and assumptions. The insinuations relatable to the defendant board are also
denied that volume of the farmans are withdrawn as alleged or otherwise.
iii) It is submitted that neither the plaintiff has any right against the defendant nor the
defendant has any legal duty as sought by the plaintiff.
iv) The defendant submits that the narration, arguments and the submissions made by the
Plaintiff are contrary to law and fallacious
v) The defendant denies that it is the primary duty of the defendant to preach ismailism in
public in general or increase the number of ismailis as alleged or otherwise. It is not the
policy of the Ismaili Jamat or any of its Institution to Proselytize. It is submitted that it is a
voluntary act of an individual to follow or to keep faith in Ismailism
vi) It is submitted that the meaning of the word ''Farmans'' is given in the Ismaili Constitution
to mean ''any pronouncement , direction , order or ruling made or given by Mawlana
Hazar Imam'' and not as alleged. The entire and complete copyright in all Farmans
given by mawlana Hazar Imam is owned by and vested in the Imam.Farmans are in fact
shared or made available to the Jamat from time to time. There are number of books of
Farmans published by the defendant from time to time. They are also available in the Library
of the Defendant . The members of the Jamat are free to obtain copies on such terms as
the same are made available to all the members of the Jamat. At no point
of time, the plaintiff had asked for any of the Farmans and/or any interpretation
vii) With further reference to paras 8 to 15 of the plaint, the defendant repeats and
reiterates what is stated in the preceding paragraphs and denies all that is contracy or
inconsistent thereunder than what is stated herein as if the same is set out specifically
herein and traversed
6. With reference to paras 16 and 17 of the plaint, it is not admitted that the plaintiff has been
submitting orally and/or By telephonic complaints regarding the alleged problems as alleged
or at all. It is denied that the defendant has not been responding as alleged or at all, it is
further denied that there is provision in the constitution as alleged. The defendant say
that since the plaintiff never sought any assistance from the defendant or any other person
or any interpretation, the question of providing it to the plaintiff does not arise. It is
respectfully submitted that the Holy Quran is available in various languages. In the event of
any specific difficulty to understand the language or contents of the Holy Quran, any
person can always seek assistance to understand the meaning thereof.
7. With reference to Para 18 of the plaint, the defendant states and submits that the same discloses no cause of action against the defendant
8. In the circumstances aforesaid, the present Suit is liable to be dismissed with costs
Written statement drawn by
Mr.Chetan kapadia
Advocate,
High Court, Mumbai
And Settled by: Mr P.K.Samdani
Sr.Advocate
High Court, Mumbai
For His Highness Prince Aga khan Shia Imami
National Tar iquah Religious Education Board for
India
[By the hands of its Chairperson]
Signed /- illegible signed /- G. Makany
M&M Legal Ventures ( Defendant )
Advocates for the Defendant ( Ruber Stamp )
VERIFICATION
I, MRS. GULNAR R. MAKANEY, the chairperson of the defendant above named, having my address at 19,Alibad,Aga hall, Nesbit Road,Mazgaon,Mumbai 400 010,Solemnly declares that what is stated in paras 3 to 6 are true to my own knowledge and that what is stated in the remaining paras is stated on information, belief and advise and I believe the same to be true.
Solemnly declared at Mumbai ) (Ruber Stamp)
On this 29th day of June 2011 ) Signed/- G. Makaney
Before me
Sd/- illegible
M&M Legal Ventures
Advocate for the Defendant
The Shia Imami Ismaili Tariqah and Religious Education
Board for India
CERTIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING OF THE MEMBERS OF THE SHIA IMAMI ISMAILI TARIQAH AND RELIGIOUS EDUCATION BOARD FOR INDIA HELD AT ITS OFFICE AT KARIMABAD HOUSING SOCIETY,116, IMAMWADA ROAD MUMBAI-400 009 ON 1ST MAY 2011.
The Chairman informed the Members present that a Suit has been filed
against the Board by Mr.Hussain Dossani in the Bombay City Civil Court
being Suit No.728 of 2011 and that it is necessary to defend the same
and for the same purpose to engage and instruct Advocates, Solicitors and Counsels on behalf of the Board and accordingly the following resolution is passed;
''RESOLVED THAT Mrs. Gulnar R.Makaney,the chairperson of the Board is hereby authorized to appoint Advocates & Solicitors to file Vakalatnama and sign, execute and affirm Written Statement and various Affidavits that may be required to be filed in the above matter for and on behalf of the Board ''
RESOLVED FURTHER THAT M/s. M&M Legal Ventures, Advocates & Solicitors,
Mumbai be and there hereby authorized to act, appear and plead through
their partners and appointed counsels, for and on behalf of the
Board and defend the Board in the matter of Suit No.728 of 2011 in the Bombay City Civil Court, Mumbai .
Signed/-
TRUE COPY
M&M LEGAL VENTURES Certified to be true copy
SOLICITORS AND ADVOCATES signed/- G Makaney
Chairman/Hon. secretary
ITREB,INDIA,MUMBAI
Karimabad,116 Imamwada Road,Mumbai-400 009
Tel-23738324,23738378,23746890, Fax:- 23741929 Email id:
[email protected]
