Karnataka High Court
Bishop Rev Namdeo Laxman Karkare vs Rev Mathew George M on 27 March, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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MFA No. 3255 of 2020 C/W
MFA No. 3199 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
MISCELLANEOUS FIRST APPEAL NO. 3255 OF 2020 (CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 3199 OF 2020 (CPC)
IN M.F.A.NO. 3255/2020
BETWEEN:
1. BISHOP REV NAMDEO LAXMAN KARKARE
AGED 72 YEARS
S/O LATE LAXMAN NAMDEO
BISHOP, BANGALORE REGIONAL CONFERENCE
METHODIST CHURCH IN INDIA AT
BALDWIN METHODIST EDUCATION CENTRE
NO.13, CONVENT ROAD
RICHMOND TOWN
BANGALORE-560 025.
Digitally signed 2. BANGALORE REGIONAL CONFERENCE OF THE METHODIST
by VANDANA S
CHURCH IN INDIA AT BALDWIN METHODIST EDUCATION
Location: High
Court of CENTRE, NO.13 ,CONVENT ROAD
Karnataka RICHMOND TOWN
BANGALORE-560 025.
BY ITS BISHOP REV. NAMDEO LAXMAN KARKARE.
3. REGIONAL EXECUTIVE BOARD
OF BANGALORE REGIONAL CONFERENCE
OF THE METHODIST CHURCH IN INDIA AT BALDWIN
METHODIST EDUCATION CENTRE
NO.13, CONVENT ROAD ,RICHMOND TOWN
BANGALORE-560 025
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MFA No. 3255 of 2020 C/W
MFA No. 3199 of 2020
BY ITS CHAIRMAN
BISHOP REV. NAMDEO LAXMAN KARKARE.
4. REV. SEBASTIAN RAVI KUMAR
AGED ABOUT 48 YEARS
S/O LATE G RAJAPPA GERSHAHEM
ASSISTANT EXECUTIVE SECRETARY
REGIONAL EXECUTIVE BOARD
OF BANGALORE REGIONAL CONFERENCE
OF THE METHODIST CHURCH IN INDIA AT BALDWIN
METHODIST EDUCATION CENTRE
NO.13, CONVENT ROAD
RICHMOND TOWN
BANGALORE-560 025.
...APPELLANTS
(BY SRI. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR
SMT. LATHA S. SHETTY.,ADVOCATE)
AND:
1. REV MATHEW GEORGE M
AGED ABOUT 49 YEARS
S/O MR GEORGE M M
CONFERENCE TREASURER
BANGALORE REGIONAL CONFERENCE
AND TREASURERE OF REGIONAL EXECUTIVE BOARD AT
BALDWIN METHODIST EDUCATION CENTRE
R/A NO.11/5, 5TH CROSS, LAKSHMI ROAD
SHANTHINAGAR, BENGALURU-560 027.
2. THE SOUTH INDIAN BANK LIMITED
HAVING ITS BRANCH OFFICE AT
BRIGADE ROAD, BANGALORE-560 001.
REP. BY ITS CHIEF MANAGER.
3. DR JOHNSON KUNDAR
AGED ABOUT 46 YEARS
S/O LATE JAYAKUNDAR
CHAIRMAN - BOARD OF AUDIT
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MFA No. 3255 of 2020 C/W
MFA No. 3199 of 2020
ETCM HOSPITAL
KOLAR-563 101.
4. MR VIJAY ELISH
AGED ABOUT 46 YEARS
S/O ELISHAPPA
BENEVOLENCE TREASURERE
BEYNON SMITH DEGREE COLLEGE
BELGAUM.
5. MR K GEORGE SAMUEL
AGED ABOUT 62 YEARS
S/O LATE KANAKARAJ
NO.156, 1ST MAIN ROAD
BEHIND NANDINI HOTEL
MLA LAYOUT, R T NAGAR
BANGALORE-560 032.
6. REV I SWAMIDAS
AGED ABOUT 63 YEARS
S/O ISMALAPPA
CONFERENCE SECRETARY
METHODIST CHURCH
GOKAK FALLS, GOKAK (T)
BELGAUM (DIST)-591 308.
7. MR SHAILA JOHN WESLEY
AGED ABOUT 68 YEARS
D/O JOHN WESLEY
SECRETARY DEACONESSES CONFERENCE
BANGALORE REGIONAL CONFERENCE
VANITHA VIDYALAYA KANNADA MEDIUM SCHOOL
BELGAUM-590 001.
8. REV M P JAYAPAUL
AGED ABOUT 54 YEARS
S/O LATE PUNDLICK
DISTRICT SUPERINTENDENT
ST. PAUL METHODIST CENTRAL CHURCH
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MFA No. 3255 of 2020 C/W
MFA No. 3199 of 2020
MANGALPET, BIDAR (NORTH)
KARNATAKA-585 401.
9. REV P SHANTH KUMAR D S
AGED ABOUT 54 YEARS
S/O LATE PRAKASH
DISTRICT SUPERINTENDENT
METHODIST CHURCH IN INDIA
OPP. OLD BUS STAND
KOLAR-563 101.
10. REV J NANDU KUMAR
AGED ABOUT 51 YEARS
S/O REV. B JOHN
DISTRICT SUPERINTENDENT
BELGAUM CENTRAL METHODIST CHURCH
OPP. LIC
BELGAUM-590 001.
11. REV ANAND HOSUR
AGED ABOUT 49 YEARS
S/O GNANAMITHRA
DISTRICT SUPERINTENDENT
METHODIST CENTRAL CHURCH
STATION ROAD
RAICHUR-584 104.
12. REV H S SOLOMON
AGED ABOUT 65 YEARS
S/O SAIDAPPAHALLEMANI
DISTRICT SUPERINTENDENT
METHODIST CENTRAL CHURCH
DHUPDAL,GOKAK TALUK
BELGAUM (DIST.)-591 306.
13. REV S MANOSHANTH
AGED ABOUT 52 YEARS
S/O SIDAPPA
DISTRICT SUPERINTENDENT
ZION METHODIST CENTRAL CHURCH
BIDAR (SOUTH),ZION COLONY
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MFA No. 3255 of 2020 C/W
MFA No. 3199 of 2020
KUMBARAWADA ROAD
BIDAR-585 401.
14. REV JAMES JAYAKUMAR
AGED ABOUT 59 YEARS
S/O ALIEN FRAZER
DISTRICT SUPERINTENDENT
METHODISTCENTRAL CHURCH
CHILGUPPA, BIDAR (DIST.)-585 412.
15. REV T DAVID LIVINGSTON
AGED ABOUT 47 YEARS
S/O THEODORE
DISTRICT SUPERINTENDENT
PANJIM METHODIST CHURCH
COMPAL ROAD, BEHIND YMCA
PANJIM, GOA-403 001.
16. REV SANAATH SATISH KUMAR
AGED ABOUT 53 YEARS
FAHERS NAME NOT KNOWN
DISTRICT SUPERINTENDENT
CHRIST METHODIST CENTRAL CHURCH
VIJAYA VIDYALAYA COMPOUND
GULBARGA-585 102.
17. REV DHULAPPA
AGED ABOUT 58 YEARS
FATHERS NAME NOT KNOWN
DISTRICT SUPERINTENDENT
METHODIST CENTRAL CHURCH
SHORAPUR TALUK
YADAGIRI (DIST)-585 220.
18. REV SATYAMITHRA
AGED ABOUT 57 YEARS
FATHERS NAME NOT KNOWN
DISTRICT SUPERINTENDENT
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MFA No. 3255 of 2020 C/W
MFA No. 3199 of 2020
METHODIST CENTRAL CHURCH
YADAGIRI-585 202.
19. REV A DEVADAN
AGED ABOUT 49 YEARS
S/O ANANDAPPA
DISTRICT SUPERINTENDENT
METHODIST CENTRAL CHURCH
SIRWAR,RAICHUR (DIST.)
20. REV P DAVID
AGED ABOUT 54 YEARS
FATHERS NAME NOT KNOWN
REGIONAL EXECUTIVE BOARD MEMBER
ST. PAUL METHODIST CHURCH
2ND CROSS,BEHIND TELEPHONE EXCHANGE
NAGARABHAVI 2ND STAGE
BANGALORE-560 072.
21. MR D STEPHENRAJ
AGED ABOUT 44 YEARS
S/O DHARMARAJ
REGIONAL EXECUTIVE BOARD MEMBER
MAHIMA NILAYA
VINAYAKANAGAR
SIR M V EXTN. HOSKOTE
BANGALORE RURAL-562 114.
22. MR DANIEL CHARLES
AGED ABOUT 52 YEARS
S/O CHARLES
REGIONAL EXECUTIVE BOARD MEMBER
BALDWIN CO.EDUCATION SCHOOL
RAMPURA RAOD, ASKIHAL
RAICHUR-584 104.
23. MR A JOSEPH
AGED ABOUT 60 YEARS
S/O ADVEPPPA
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MFA No. 3255 of 2020 C/W
MFA No. 3199 of 2020
REGIONAL EXECUTIVE BOARD MEMBER
METHODIST CHURCH -BHALKI
BHALKI
BIDAR-585 328.
24. MR R SAMUEL
AGED ABOUT 46 YEARS
S/O RAJAPPA
REGIONAL EXECUTIVE BOARD MEMBER
NO.10, 1ST MAIN, 5TH CROSS
NANJAPPA LAYOUT, ADUGODI
BANGALORE -560 030.
25. MS CYNTHIA SIMEON
AGED ABOUT 40 YEARS
D/O DAVID SIMEON
REGIONAL EXECUTIVE BOARD MEMBER
BALDWIN METHODIST COLLEGE
NO.14, HOSUR ROAD
BANGALORE -560 025.
26. MRS LAXMI D ALSO KNOWN AS LEENA SIMEON
AGEDA BOUT 50 YEARS
W/O REV. SIMEON
R/AT NO.1-4-155/121
IB ROAD, JYOTHI COLONY
RAICHUR-584 101.
27. METHODIST CHURCH IN INDIA
REP. BY ITS SECRETARY
EXECUTIVE BOARD OF THE METHODIST
CHURCH IN INDIA, AT YMCA ROAD
MUMBAI
MAHARASHTRA-400 008.
...RESPONDENTS
(BY SRI.B. MANJUNATH.,ADVOCATE FOR C/R-1
SRI. GOUTHAM.S. BHARADWAJ, ADVOCATE PROPOSED R-28)
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MFA No. 3255 of 2020 C/W
MFA No. 3199 of 2020
THIS MFA IS FILED U/O. 43 RULE 1(r) OF CPC, AGAINST THE
ORDER DATED 02.07.2020 PASSED ON IA.NO.2, IN O.S.
NO.2674/2020 ON THE FILE OF THE XXIV ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGALURU CITY (CCH-6), ALLOWING
THE IA.NO.2 FILED UNDER ORDER XXXIX RULE 1 AND 2 READ
WITH SECTION 151 OF CPC.
IN M.F.A.No. 3199/2020
BETWEEN:
1. BISHOP REV NAMDEO LAXMAN KARKARE
AGED ABOUT 72 YEARS,
S/O LATE LAXMAN NAMDEO,
BISHOP, BANGALORE REGIONAL CONFERENCE,
METHODIST CHURCH IN INDIA AT
BALDWIN METHODIST EDUCATION CENTRE,
NO.13, CONVENT ROAD, RICHMOND TOWN,
BANGALORE-560 025.
2. BANGALORE REGIONAL CONFERENCE
OF THE METHODIST CHURCH IN INDIA AT BALDWIN
METHODIST EDUCATION CENTRE,
NO.13, CONVENT ROAD, RICHMOND TOWN,
BANGALORE-560 025,
BY ITS BISHOP REV.
NAMDEO LAXMAN KARKARE.
3. REGIONAL EXECUTE BOARD
OF BANGALORE REGIONAL CONFERENCE OF THE
METHODIST CHURCH IN INDIA
AT BALDWIN METHODIST EDUCATION CENTRE,
NO.13, CONVENT ROAD, RICHMOND TOWN,
BANGALORE-560 025,
BY ITS CHAIRMAN BISHOP REV.
NAMDEO LAXMAN KARKARE.
4. REV. SEBASTIAN RAVI KUMAR
AGED ABOUT 48 YEARS,
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MFA No. 3255 of 2020 C/W
MFA No. 3199 of 2020
S/O LATE G RAJAPPA GERSHAHEM,
ASSISTANT EXECUTIVE SECRETARY,
REGIONAL EXECUTIVE BOARD OF
BANGALORE REGIONAL CONFERENCE OF
THE METHODIST CHURCH IN INDIA AT
BALDWIN METHODIST EDUCATION CENTRE,
NO.13, CONVENT ROAD, RICHMOND TOWN,
BANGALORE-560 025.
...APPELLANTS
(BY SRI. SHASHI KIRAN SHETTY, SENIOR ADVOCATE FOR
SMT. LATHA S. SHETTY, ADVOCATE)
AND:
1. REV MATHEW GEORGE M
AGED ABOUT 49 YEARS,
S/O MR GEORGE M M
CONFERENCE TREASURER
BANGALORE REGIONAL CONFERENCE
AND TREASURER OF REGIONAL EXECUTIVE BOARD
AT BALDWIN METHODIST EDUCATION CENTRE,
R/A NO.11/5, 5TH CROSS, LAKSHMI ROAD,
SHANTHINAGAR, BENGALURU-560 027.
2. THE SOUTH INDIAN BANK LIMITED
HAVING ITS BRANCH OFFICE AT BRIGADE ROAD,
BANGALORE-560 0001,
REP. BY ITS CHIEF MANAGER.
3. DR JOHNSON KUNDAR
AGED ABOUT 46 YEARS,
S/O LATE JAYAKUNDAR,
CHAIRMAN - BOARD OF AUDIT,
ETCM HOSPITAL, KOLAR-563 101.
4. MR VIJAY ELISH
AGED ABOUT 46 YEARS,
S/O ELISHAPPA,
BENEVOLENCE TREASURER,
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MFA No. 3255 of 2020 C/W
MFA No. 3199 of 2020
BEYNON SMITH DEGREE COLLEGE,
BELGAUM.
5. MR K GEORGE SAMUEL
AGED ABOUT 62 YEARS,
S/O LATE KANAKARAJ, NO.156, 1ST MAIN ROAD,
BEHIND NANDINI HOTEL,
MLA LAYOUT, R T NAGAR,
BANGALORE-560 032.
6. REV I SWAMIDAS
AGED ABOUT 63 YEARS,
S/O ISMALAPPA, CONFERENCE SECRETARY,
METHODIST CHURCH, GOKAK FALLS,
GOKAK (T), BELGAUM (DIST)-591 308.
7. MR SHAILA JOHN WESLEY
AGED ABOUT 68 YEARS,
D/O JOHN WESLEY, SECRETARY DEACONESSES
CONFERENCE, BANGALORE REGIONAL CONFERENCE,
VANITHA VIDYALAYA KANNADA MEDIUM SCHOOL,
BELGAUM-590 001.
8. REV M P JAYAPAUL
AGED ABOUT 54 YEARS,
S/O LATE PUNDLICK, DISTRICT SUPERINTENDENT,
ST. PAUL METHODIST CENTRAL CHURCH,
MANGALPET, BIDAR (NORTH),
KARNATAKA-585 401.
9. REV P SHANTH KUMAR D S
AGED ABOUT 54 YEARS,
S/O LATE PRAKASH,
DISTRICT SUPERINTENDENT,
METHODIST CHURCH IN INDIA,
OPP. OLD BUS STAND, KOLAR-563 101
10. REV J NANDU KUMAR
AGED ABOUT 51 YEARS,
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MFA No. 3255 of 2020 C/W
MFA No. 3199 of 2020
S/O REV. B JOHN, DISTRICT SUPERINTENDENT,
BELGAUM CENTRAL METHODIST CHURCH,
OPP. LIC, BELGAUM-590 001.
11. REV ANAND HOSUR
AGED ABOUT 49 YEARS,
S/O GNANAMITHRA,
DISTRICT SUPERINTENDENT,
METHODIST CENTRAL CHURCH,
STATION ROAD, RAICHUR-584 104.
12. REV H S SOLOMON
AGED ABOUT 65 YEARS,
S/O SAIDAPPAHALLEMANI,
DISTRICT SUPERINTENDENT, METHODIST CENTRAL
CHURCH, DHUPDAL, GOKAK TALUK,
BELGAUM (DIST.)-591 306.
13. REV S MANOSHANTH
AGED ABOUT 52 YEARS,
S/O SIDAPPA, DISTRICT SUPERINTENDENT,
ZION METHODIST CENTRAL CHURCH,
BIDAR (SOUTH), ZION COLONY,
KUMBARAWADA ROAD, BIDAR-585 401.
14. REV JAMES JAYAKUMAR
AGED ABOUT 59 YEARS,
S/O ALIEN FRAZER,
DISTRICT SUPERINTENDENT,
METHODIST CENTRAL CHURCH,
CHILGUPPA, BIDAR (DIST.)-585 412.
15. REV T DAVID LIVINGSTON
AGED ABOUT 47 YEARS,
S/O THEODORE,
DISTRICT SUPERINTENDENT,
PANJIM METHODIST CHURCH, COMPAL ROAD,
BEHIND YMCA, PANJIM, GOA-403 001.
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MFA No. 3255 of 2020 C/W
MFA No. 3199 of 2020
16. REV SANAATH SATISH KUMAR
AGED ABOUT 53 YEARS,
DISTRICT SUPERINTENDENT,
CHRIST METHODIST CENTRAL CHURCH,
VIJAYA VIDYALAYA COMPOUND,
GULBARGA-585 102.
17. REV DHULAPPA
AGED ABOUT 58 YEARS,
DISTRICT SUPERINTENDENT METHODIST CENTRAL
CHURCH, SHORAPUR TALUK,
YADAGIRI (DIST)-585 220.
18. REV SATYAMITHRA
AGED ABOUT 57 YEARS,
DISTRICT SUPERINTENDENT,
METHODIST CENTRAL CHURCH,
YADAGIRI-585 202.
19. REV A DEVADAN
AGED ABOUT 49 YEARS,
S/O ANANDAPPA, DISTRICT SUPERINTENDENT,
METHODIST CENTRAL CHURCH,
SIRWAR, RAICHUR (DIST.)
20. REV P DAVID
AGED ABOUT 54 YEARS,
REGIONAL EXECUTIVE BOARD MEMBER,
ST. PAUL METHODIST CHURCH, 2ND CROSS,
BEHIND TELEPHONE EXCHANGE,
NAGARABHAVI 2ND STAGE,
BANGALORE-560 072.
21. MR D STEPHENRAJ
AGED ABOUT 44 YEARS,
S/O DHARMARAJ,
REGIONAL EXECUTIVE BOARD MEMBER,
MAHIMA NILAYA, VINAYAKANAGAR,
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MFA No. 3255 of 2020 C/W
MFA No. 3199 of 2020
SIR M V EXTN., HOSKOTE,
BANGALORE RURAL-562 114.
22. MR DANIEL CHARLES
AGED ABOUT 52 YEARS,
S/O CHARLES, REGIONAL EXECUTIVE BOARD MEMBER,
BALDWIN CO.EDUCATION SCHOOL,
RAMPUR ROAD, ASKIHAL,
RAICHUR-584 104.
23. MR A JOSEPH
AGED ABOUT 60 YEARS,
S/O ADVEPPPA, REGIONAL EXECUTIVE BOARD MEMBER,
METHODIST CHURCH -BHALKI,
BHALKI, BIDAR-585 328.
24. MR R SAMUEL
AGED ABOUT 46 YEARS,
S/O RAJAPPA, REGIONAL EXECUTIVE BOARD MEMBER,
NO.10, 1ST MAIN, 5TH CROSS,
NANJAPPA LAYOUT, ADUGODI,
BANGALORE -560 030.
25. MS CYNTHIA SIMEON
AGED ABOUT 40 YEARS,
D/O DAVID SIMEON, REGIONAL EXECUTIVE BOARD MEMBER,
BALDWIN METHODIST COLLEGE,
NO.14, HOSUR ROAD,
BANGALORE -560 025.
26. MRS LAXMI D
ALSO KNOWN AS LEENA SIMEON,
AGED ABOUT 50 YEARS,
W/O REV. SIMEON, R/AT NO.1-4-155/121,
IB ROAD, JYOTHI COLONY,
RAICHUR-584 101.
27. METHODIST CHURCH IN INDIA
REP. BY ITS SECRETARY,
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MFA No. 3255 of 2020 C/W
MFA No. 3199 of 2020
EXECUTIVE BOARD OF THE METHODIST
CHURCH IN INDIA AT YMCA ROAD,
MUMBAI, MAHARASHTRA-400 008.
...RESPONDENTS
(BY SRI.B. MANJUNATH, ADVOCATE)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 02.07.2020 PASSED ON I.A.NO.1 IN
OS.NO.2674/2020 ON THE FILE OF THE XXIV ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU CCH-6, ALLOWING
THE I.A.NO.1. FILED UNDER ORDER 39 RULE 1 AND 2 R/W
SECTION 151 OF CPC,
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Both these appeals arise out of the impugned common order dated 02.07.2020 passed on I.A.Nos.1 and 2 in O.S.No.2674/2020 by the XXIV Addl.City Civil and Sessions Judge, Bangalore.
2. The appellants are the defendants 1 to 4 before the trial court, while the 1st respondent is the plaintiff and who is contesting this appeal. In the aforesaid suit filed by the 1st respondent -
plaintiff against the appellants - defendants 1 to 4 and other defendants, the 1st respondent - plaintiff filed two applications, I.A.No.1 under Order 39 Rules 1 and 2 CPC for temporary injunction restraining the appellants-defendants from interfering, obstructing the plaintiff in discharging the functions and duties as
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MFA No. 3255 of 2020 C/W MFA No. 3199 of 2020 Conference Treasurer; I.A.No.2 for temporary injunction restraining the defendants 1 to 4 and 6 from operating or removing any amount from the Bank Accounts. The said applications having been opposed by the appellants - defendants, the trial court proceeded to pass the impugned order allowing both the applications, aggrieved by which, the appellants - defendants are before this Court by way of the present appeals.
3. A perusal of the material on record will indicate that several contentious issues and disputed questions of fact and law that arose for consideration in the present appeals as well as in the suit before the trial court. In this context, it is relevant to state that on 28.07.2020, this Court passed the following order:-
"In the instant appeal, appellants have questioned the validity of the order dated 2.7.2020 passed on I.As.1 and 2 in O.S. No.2674/2020 on the file of 24th Additional City Civil and Sessions Judge, Bengaluru City (CCH-6). Extract of the order dated 2.7.2020 is reproduced herein:
IA Nos.1 and 2 under order XXXIX Rule 1 and 2 r/w Section 151 of C.P.C. filed by the plaintiff for the relief of temporary injunction is hereby allowed.
The defendants Nos.1 to 4 are hereby restrained from interfering the plaintiff in discharging the functions
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MFA No. 3255 of 2020 C/W MFA No. 3199 of 2020 and duties as Conference Treasurer of defendant No.3 pursuant to the Circular Resolution dated 01.6.2020 and also restraining defendants Nos.1 to 4 and defendant No.6 from operating or removing any amount from the bank Account maintained in defendant No5 Bank.
The issue in O.S. No.2674/2020 is relating to removal/termination/suspension of plaintiff from the post of conference treasurer/executive secretary/ treasurer of the regional conference. The aforesaid action of the appellant against the plaintiff No.1/respondent is stated to be while invoking various provisions of the Book of Discipline (The Methodist Church in India).
Learned Senior counsel for the appellants submitted that there were allegations relating to financial irregularities. Consequently, no confidence motion was moved which has resulted in issuing impugned action which was subject matter of O.S. No.2674/2020. Thus, trial Court has not appreciated the reasons for action taken against the plaintiff. He has also pointed out at para Nos.633 and 634 of the book of discipline which reads as under:
633. Art.III Term of Office.
The term of office of the Regional Executive Board shall be quadrennial. If any vacancy arises in any of the elected posts, either by resignation, death or removal for any reason as determined by the Regional Executive Board, interim arrangement shall be made by the
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MFA No. 3255 of 2020 C/W MFA No. 3199 of 2020 Regional Executive Board and the person so appointed to fill in that vacancy shall be hold office until the conclusion of the next regular session of the Regional Conference.
634. Art. IV. Duties and Responsibilities of the Regional Executive Board The duties and responsibilities of the Regional Executive Board shall be:
1.to administer, supervise and control the units of work of the Church within its jurisdiction through their governing bodies or managing committees, including educational medical technical and other institutions;
2. to coordinate the work of different units in the region;
3. to elect a recording secretary;
4. to nominate for the quadrennium;
i. treasurer;
ii. treasurer for benevolences;
iii. statistician.
5. to act on behalf of the Regional Conference in between its sessions on matters not otherwise provided through actions of the Regional Conference;
6. to prepare the annual estimates, and budgets for all units of work in the conference for presentation to the Executive Council of the General Conference of the Methodist Church in India;
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MFA No. 3255 of 2020 C/W MFA No. 3199 of 2020
7. to administer all funds as may be received from churches in India or elsewhere;
8. to receive and transmit to the Executive Council of the Methodist Church in India and other contributing bodies financial reports from all institutions and agencies of the Church which receive aid from them;
9. to authorize the person-in-charge of units of work in the conference to open and operate bank accounts;
10. to take decision in regard to the funds relating to the region and make the necessary request to the central treasurer by submission of payments/gifts 'Release Orders' with regard to release of funds;
11. to fix apportionment among the various institutions and pastorates for the various funds and endowments maintained and administered by the Executive Council or by the Regional Executive Board:
12. to arrange for the proper bonding of all officers holding accounts in the conference;
13. to elect the members of the Board of Audit;
14. to authorize half yearly audits of all accounts within the conference as directed by the Chief
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MFA No. 3255 of 2020 C/W MFA No. 3199 of 2020 auditor/Executive Council of the Methodist Church in India;
15. to elect a Property and Building Committee for the quadrennium;
16. to have an overall supervision and administration of all properties of the Methodist Church in India within the jurisdiction f the Regional Conference Church in Southern Asia/Trust Association of the Methodist Church in India;
17. to consider and approve new projects, building plans and estimates. No new project shall be started or the existing projects to be closed without the permission of the Regional Executive Board;
18. to receive and approve building plans and estimates and send request for funds to the appropriate body;
19 to establish a system for cultivating funds in India and elsewhere for programmes and projects;
20. to make request for missionary personnel as required;
21. to implement the resolutions, actions, etc of the Executive Council so far as it concerns the Regional Executive Board;
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MFA No. 3255 of 2020 C/W MFA No. 3199 of 2020
22. to submit names to proper authorities of persons recommended for all types of scholarships;
23. to elect an Assistant Executive Secretary if necessary from among its members; and 24 to elect any other special committee or sub- committee as needed.
By virtue of order of the trial Court on I.As.1 and 2 if the plaintiff is entrusted with the transaction of the bank account which would prejudice the appellant. Further, plaintiff-respondent is likely to abuse the post held by him.
On the other hand, learned counsel for the respondents vehemently contended that he had made certain allegations on 28.5.2020 relating to financial irregularities. Appellants were not happy with such complaint, which has resulted in removal of respondent on 1.6.2020. Before removal from the post held by plaintiff/respondent, no notice was issued and book of discipline has not been adhered.
The respondents' removal is not by the competent authority. The Book of Discipline provides for certain procedure and authorize particular committee, whereas impugned removal order dated 1.6.2020 is not with reference to the cited provision in the Book of Discipline. Thus, the trial Court has proceeded to allow I.As.1 and 2 under order 39 Rule 1 and 2 r/w 151 of Code of Civil
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MFA No. 3255 of 2020 C/W MFA No. 3199 of 2020 Procedure, 1908 while extending relief of temporary injunction.
Perusal of the records, it is evident that both the parties have alleged serious financial irregularities which is required to be examined by investigation with reference to relevant provision/statute. The respondent who is the holder for the post of Conference Treasurer/Executive Secretary/Treasurer of the Local conference is not permitted to operate financial transaction in the bank. If such thing is allowed in favour of the respondent, the concerned respondent is likely to commit financial irregularities, which is the apprehension of appellants. Therefore, it is necessary to investigate the matter in respect of the financial irregularities by either of the parties in accordance with the relevant statute. Till such investigation is undertaken and completed or until further orders, respondents are hereby directed to not to operate or remove any amount from the bank account maintained in the defendant No.5/ bank.
At this juncture, learned counsel for both the parties submitted that investigating authority may be directed to complete the investigation within a reasonable period in terms of para Nos.1263, 1264 and 1265 of the Book of Discipline.
In view of the above submissions of both counsels for parties, the investigating persons/committee or agency are hereby directed to complete the investigation within a
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MFA No. 3255 of 2020 C/W MFA No. 3199 of 2020 period of four months from the date of receipt of this order.
The concerned respondent is permitted to attend the office of the post of Conference Treasurer, until further orders.
List these matters on 27.11.2020."
4. Subsequently, the said order was modified vide order dated 25.08.2020, which reads as under:-
ORDERS ON I.A.NOs.2 & 3 OF 2020 Heard on I.A Nos. 2 and 3 of 2020.
Learned counsel for the appellant submitted that pursuant to the order dated 28.07.2020, the appellants are not permitted to operate bank transactions whereby caused inconvenience to the 2nd appellant and others. The same was opposed by the learned counsel for the respondents by highlighting the allegations leveled against the first appellant in the year 2006, 2014 and 2020. In the interest of Institution, both the 1st and 2nd appellants are permitted to transact the bank account subject to result of the present appeal.
I.A.No.3/2020 for modification of the order dated 28.07.2020 at page No.11 reads as under:
"In the instant appeal, appellants have questioned the validity of the order dated 2.7.2020 passed on I.As.1 and 2 in O.S. No.2674/2020 on the file of 24th Additional City
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MFA No. 3255 of 2020 C/W MFA No. 3199 of 2020 Civil and Sessions Judge, Bengaluru City (CCH-6). Extract of the order dated 2.7.2020 is reproduced herein: IA Nos.1 and 2 under order XXXIX Rule 1 and 2 r/w Section 151 of C.P.C. filed by the plaintiff for the relief of temporary injunction is hereby allowed. The defendants Nos.1 to 4 are hereby restrained from interfering the plaintiff in discharging the functions and duties as Conference Treasurer of defendant No.3 pursuant to the Circular Resolution dated 01.6.2020 and also restraining defendants Nos.1 to 4 and defendant No.6 from operating or removing any amount from the bank Account maintained in defendant No5 Bank. The issue in O.S. No.2674/2020 is relating to removal/termination/suspension of plaintiff from the post of conference treasurer/executive secretary/ treasurer of the regional conference. The aforesaid action of the appellant against the plaintiff No.1/respondent is stated to be while invoking various provisions of the Book of Discipline (The Methodist Church in India).
Learned Senior counsel for the appellants submitted that there were allegations relating to financial irregularities. Consequently, no confidence motion was moved which has resulted in issuing impugned action which was subject matter of O.S. No.2674/2020. Thus, trial Court has not appreciated the reasons for action taken against the plaintiff. He has also pointed out at para Nos.633 and 634 of the book of discipline which reads as under:
633. Art.III Term of Office.
The term of office of the Regional Executive Board shall be quadrennial. If any vacancy arises in any of the elected
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MFA No. 3255 of 2020 C/W MFA No. 3199 of 2020 posts, either by resignation, death or removal for any reason as determined by the Regional Executive Board, interim arrangement shall be made by the Regional Executive Board and the person so appointed to fill in that vacancy shall be hold office until the conclusion of the next regular session of the Regional Conference.
634. Art. IV. Duties and Responsibilities of the Regional Executive Board The duties and responsibilities of the Regional Executive Board shall be:
1. to administer, supervise and control the units of work of the Church within its jurisdiction through their governing bodies or managing committees, including educational medical technical and other institutions;
2. to coordinate the work of different units in the region;
3. to elect a recording secretary;
4. to nominate for the quadrennium;
i. treasurer;
ii. treasurer for benevolences;
iii. statistician.
5. to act on behalf of the Regional Conference in between its sessions on matters not otherwise provided through actions of the Regional Conference;
6. to prepare the annual estimates, and budgets for all units of work in the conference for presentation to the Executive Council of the General Conference of the Methodist Church in India;
7. to administer all funds as may be received from churches in India or elsewhere;
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MFA No. 3255 of 2020 C/W MFA No. 3199 of 2020
8. to receive and transmit to the Executive Council of the Methodist Church in India and other contributing bodies financial reports from all institutions and agencies of the Church which receive aid from them;
9. to authorize the person-in-charge of units of work in the conference to open and operate bank accounts;
10. to take decision in regard to the funds relating to the region and make the necessary request to the central treasurer by submission of payments/gifts 'Release Orders' with regard to release of funds;
11. to fix apportionment among the various institutions and pastorates for the various funds and endowments maintained and administered by the Executive Council or by the Regional Executive Board:
12. to arrange for the proper bonding of all officers holding accounts in the conference;
13. to elect the members of the Board of Audit;
14. to authorize half yearly audits of all accounts within the conference as directed by the Chief auditor/Executive Council of the Methodist Church in India;
15. to elect a Property and Building Committee for the quadrennium;
16. to have an overall supervision and administration of all properties of the Methodist Church in India within the jurisdiction f the Regional Conference Church in Southern Asia/Trust Association of the Methodist Church in India;
17. to consider and approve new projects, building plans and estimates. No new project shall be started or the existing projects to be closed without the permission of the Regional Executive Board;
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MFA No. 3255 of 2020 C/W MFA No. 3199 of 2020
18. to receive and approve building plans and estimates and send request for funds to the appropriate body;
19. to establish a system for cultivating funds in India and elsewhere for programmes and projects;
20. to make request for missionary personnel as required;
21. to implement the resolutions, actions, etc of the Executive Council so far as it concerns the Regional Executive Board;
22. to submit names to proper authorities of persons recommended for all types of scholarships;
23. to elect an Assistant Executive Secretary if necessary from among its members; and
24. to elect any other special committee or sub- committee as needed.
By virtue of order of the trial Court on I.As.1 and 2 if the plaintiff is entrusted with the transaction of the bank account which would prejudice the appellant. Further, plaintiff-respondent is likely to abuse the post held by him. On the other hand, learned counsel for the respondents vehemently contended that he had made certain allegations on 28.5.2020 relating to financial irregularities. Appellants were not happy with such complaint, which has resulted in removal of respondent on 1.6.2020. Before removal from the post held by plaintiff/respondent, no notice was issued and book of discipline has not been adhered.
The respondents' removal is not by the competent authority. The Book of Discipline provides for certain
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MFA No. 3255 of 2020 C/W MFA No. 3199 of 2020 procedure and authorize particular committee, whereas impugned removal order dated 1.6.2020 is not with reference to the cited provision in the Book of Discipline. Thus, the trial Court has proceeded to allow I.As.1 and 2 under order 39 Rule 1 and 2 r/w 151 of Code of Civil Procedure, 1908 while extending relief of temporary injunction.
Perusal of the records, it is evident that both the parties have alleged serious financial irregularities which is required to be examined by investigation with reference to relevant provision/statute. The respondent who is the holder for the post of Conference Treasurer/Executive Secretary/Treasurer of the Local conference is not permitted to operate financial transaction in the bank. If such thing is allowed in favour of the respondent, the concerned respondent is likely to commit financial irregularities, which is the apprehension of appellants. Therefore, it is necessary to investigate the matter in respect of the financial irregularities by either of the parties in accordance with the relevant statute. Till such investigation is undertaken and completed or until further orders, respondents are hereby directed to not to operate or remove any amount from the bank account maintained in the defendant No.5/ bank.
At this juncture, learned counsel for both the parties submitted that investigating authority may be directed to complete the investigation within a reasonable period in terms of para Nos.1263, 1264 and 1265 of the Book of Discipline".
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MFA No. 3255 of 2020 C/W MFA No. 3199 of 2020 The aforesaid order is modified in the following manner:
Investigating Authority is directed to complete the investigation within a reasonable period in terms of the Book of Discipline.
Learned counsel for the respondents submitted that there is no error in the aforesaid paragraphs for investigation with reference to paragraphs Nos.1263, 1264 and 1265 at Book of Discipline. Since the same is disputed by the appellants to the extent that any investigation would be resulted only with reference to the aforesaid paragraphs, therefore, it is necessary to say only in terms of Book of Discipline.It is for Investigating Authority to look into the allegations against respondent herein for the reasons that he has been removed from the post held by him held and it is the subject matter of O.S.No.2674/2020 and interim order passed in the aforesaid O.S. No.2674/2020 is the subject matter of the present MFA No.3255/2020 c/w MFA No.3199/2020. Accordingly, competent Authority shall invoke provisions of Book of Discipline instead of paragraphs 1263, 1264 and 1265.
In view of the above, both I.A. No.2 for direction and I.A.No.3 for modification stands disposed of."
5. The aforesaid interim orders were challenged by the 1st respondent - plaintiff before the Apex Court in SLP Nos.10756- 755/2020 which was disposed of on 18.09.2020, holding as under:-
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MFA No. 3255 of 2020 C/W MFA No. 3199 of 2020 " The Court is convened through Video conferencing. Heard Mr. Shyam Divan, learned Senior counsel appearing for petitioner and Mr. Mukul rohatgi, learned Senior counsel appearing for the caveator/ Respondent No.4.
After perusing the material available on record, we find that the High Court vide its order dated: 28.07.2020 stated that it is necessary to investigate in respect of financial irregularities of either party and recorded the submissions made by both parties that investigation authority should complete the same within a period of four months.
Thereafter, Respondent No. 4 filed applications for stay and modification of earlier order of the High Court dated:
28.07.2020 and the said Court vide its interim order dated: 25.08.2020 allowed those applications.
Mr. Shyam Divan states that allowing the said applications have resulted in Respondent not being covered by the investigation and removal of the period of four months which was granted by the High Court to complete the investigation.
During the course of hearing, Mr. Mukul Rohatgi, learned Senior counsel appearing for Respondent No.4 does not dispute the fact the investigation should be conducted against both the sides. He further submitted that he has no objection for the investigation to be concluded within four months.
In view of the above, we clarify that the investigation in the matter shall be conducted against both sides by the Investigation Authority and the same be concluded within a period of four months in terms of earlier order passed by the High Court on 28.07.2020.
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MFA No. 3255 of 2020 C/W MFA No. 3199 of 2020 With the above observation, the Special Leave Petition is disposed of. "
6. Pursuant to the aforesaid orders passed by the Apex Court, investigation was conducted against both the appellants as well as the 1st respondent - plaintiff. After investigation, a report has been submitted to this Court by the members of the Enquiry Committee. The said report of the Enquiry committee dated 20.01.2021 is placed on record.
7. At this stage, learned Senior counsel for the appellants has filed a memo for withdrawal of the appeals, which reads as under:-
" The Appellant craves leave of this Hon'ble Court to produce the copy of the circular resolution dated: 04.12.2020 seeking to withdraw the earlier resolution dated: 01.06.2020. In view of the same, the appellant seeks leave of this Hon'ble Court withdraw the above appeal. Therefore it is prayed that this Hon'ble court may be pleased to permit the appellant herein to withdraw the present appeal, in interest of justice and equity."
8. The said memo is opposed by the 1st respondent -
plaintiff who has also filed two memos along with the documents.
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MFA No. 3255 of 2020 C/W MFA No. 3199 of 2020
9. Learned counsel for the 1 st respondent submits that the aforesaid investigation report which was submitted to this Court may be accepted and further directions be issued in this regard.
10. Per contra, learned Senior counsel for the appellants would not only repudiate the aforesaid submission made on behalf of the 1st respondent but also would dispute the said report of the Enquiry Committee placed before this Court.
11. A perusal of the impugned order passed by the trial court will indicate that the appellants - defendants have been restrained pursuant to the Circular dated 01.06.2020. However, as stated by the appellants - defendants along with the memo of even date, the said circular / resolution has been withdrawn by a subsequent circular / resolution dated 04.12.2020. In view of the aforesaid circular dated 01.06.2020 which is the subject matter of the impugned order being withdrawn by the subsequent circular dated 04.12.2020, nothing further survives for consideration in the present appeals. Further, all rival contentions on all aspects of the matter including the aforesaid contentions of both sides on the investigation report etc., are required to be kept open without expressing any opinion on the same and by reserving liberty in
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MFA No. 3255 of 2020 C/W MFA No. 3199 of 2020 favour of both the parties to take recourse to such remedies as available in law.
12. In the result, I pass the following:-
ORDER
(i) Appeals are hereby disposed of as withdrawn in terms of the Memos dated 27.03.2023 filed by the appellants.
(ii) All rival contentions on all aspects of the matter including the Enquiry Committee report dated 20.01.2021 submitted to this Court are kept open and no opinion is expressed on the same.
(iii) Liberty is reserved in favour of the parties to take recourse to such remedies as available in law.
(iv) The trial court is directed to dispose of the suit in accordance with law after providing sufficient and reasonable opportunity to both parties.
Sd/-
JUDGE Srl.