Ramkrishna Ashram v. Subal Ch. Banik And 21 ORS.
THE HIGH COURT OF TRIPURA AGARTALA CRP 46 of 2012
1. SRI SRI RAMKRISHNA ASHRAM, a Society, Registered under the Societies Registration Act, 1860 Vide Certificate of Registration No.58 of 1966, Represented by its Secretary, Sri Haripada Saha, Son of Late Rajendra Chandra Saha, resident of Rajarbag, PO & PS - Radhakishorepur, Udaipur, South Tripura.
2. SRI HARIPADA SAHA, Son of Late Rajendra Chandra Saha, resident of Rajarbag, PO & PS - Radhakishorepur, ........... Petitioners - Vs. -
1. SRI SUBAL CHANDRA BANIK, son of Late Dwarika Nath Banik, C/o. M/S. Padma Hardware, Central Road, Agartala, PO- Agartala, PS- East Agartala, West Tripura.
2. SRI NANDADULAL CHAKRABORTY, son of Late Bijoy Chakraborty, resident of Chhanban, PO & PS -
3. SRI SWAPAN LODH alias JAGAT JIBAN LODH, son of Late Brajabashi Lodh, resident of Chhanban, PO & PS - Radhakishorepur, Udaipur, South Tripura.
4. SRI HARIPADA KARMAKAR, son of Late Chandra Mohan Karmakar, resident of New Town Road, PO & PS - Radhakishorepur, Udaipur, South Tripura.
5. SRI BIMAL CHAKRABORTY, son of Late Prabhat Chakraborty, resident of Chhanban, PO & PS -
6. SRI NITYA GOPAL DEBNATH, son of Late Kalipada Debnath, resident of Poultry Road, PO & PS - Radhakishorepur,
7. SRI NRIPENDRA CHAKRABORTY, son of Late Khagendra Mohan Chakraborty, resident of Town Rajarbag , PO & PS- Radhakishorepur, Udaipur, South Tripura.
8. SRI SHYAMAL CHAKRABORTY, son of Late
Prabhat Chakraborty, resident of Chhanban, PO & PS- Radhakishorepur,
9. SRI SAHADEB DEY, son of Late Prasanna Kumar Dey, resident of Madhyapara, PO & PS - Radhakishorepur, 10.SRI SANJOY SINGHA ROY, son of Late Manindra Kumar Singha Roy, resident of Channban, PO & PS - Radhakishorepur, Udaipur, South Tripura. 11.SRI SAMARENDRA ROY, son of Late Satish Chandra Roy, resident of Giridharipalli, PO & PS - Radhakishorepur, 12.SRI HARICHARAN DEBNATH, son of Late Ramkantha Debnath, resident of Rajarbag, PO & PS - 13.SRI SUBHAS SAHA, son of Late Sanatan Saha, resident of Housing Board, Rajarbag, PO & PS - 14.SRI GOUTAM SAHA, son of Sri Rakhal Saha, resident of Ampakurpar, Khilpara, PO & PS - 15.SRI MRIDUL DAS alias MRIDUL KANTI DAS, son of Late Manoranjan Das, resident of Subhash Road, PO & PS- Radhakishorepur, Udaipur, South Tripura. 16.
SRI BHASKAR CHAKRABORTY, son of Late Surendra Chakraborty, resident of Chhanban, PO & PS17.SRI PARTHA SARATHI DAS, son of Late Jatindra Chandra Das, resident of Town Fulkumari, PO & PS18.SRI SANJIB BHATTACHARJEE, son of Late Pulin Behari Bhattacharjee, resident of Madhyapara, PO & PS - 19.SRI CHITTA RANJAN DAS, son of Late Sachindra Das, resident of Badarmokam, PO & PS- Radhakishorepur, 20.
21.SRI PRABIR PAUL, son of Late Suresh Paul, resident of Chhanban, PO & PS- Radhakishorepur,
22. SWAMI PURNATMANANDAJI,Secretary of Ramkrishna Mission of Viveknagar, PO & PS - Amtali, Agartala, West Tripura, Pin- 799130.
........... Respondents
BEFORE
HON'BLE THE CHIEF JUSTICE MR. DEEPAK GUPTA For the Petitioner : Mr. Somik Deb, Advocate. For the respondent : Mr. S.M. Chakraborty, Sr. Advocate. Ms. D. Das, Advocate.
Ms. P. Sen, Advocate.
Date of hearing & : 24.06.2015. delivery of Judgment & order Whether fit for : No.
reporting JUDGMENT & ORDER (ORAL) This Civil Revision petition is directed against the order dated 05.03.2012 passed by the learned Civil Judge (Sr. Division), Udaipur in Title Suit 50 of 2009 between the plaintiff-petitioners and the defendant-respondents.
2.
By the impugned order, the learned trial Court has refused permission to the plaintiff-petitioners to file certain documents and lead additional evidence. When this matter came up before me, I found that the dispute was between two rival factions, who both claiming control of the Sri Sri Ramkrishna CRP 46 of 2012 Page 3 of 5
Ashram, Udaipur, which is a Society registered under the Societies Registration Act, 1860.
3.
In view of the fact that the parties were fighting for control of a Society which has a very laudable objective of spreading the message of Sri Ramkrishna. I was of the opinion that such a dispute between two factions of a religious body should preferably be settled outside the Court amicably between the parties. I therefore, directed the parties and their representatives to be present in Court. On 12.06.2015, a large number of persons both petitioners and defendants and their supporters were present in Court. After I had talked to them they agreed to the suggestion of the Court that if the Secretary Maharaj of the Ramkrrishna Mission intercedes in the matter and acts as an umpire both the parties will accept whatever decision he gives without any objections.
4.
In the mean time, this Court had contacted the Secretary Maharaj of the Ramkrishna Ashram at Vivek Nagar. The Secretary Maharaj very graciously agreed to intercede in the matter and stated that in case the parties agree to accept his word as the final word then he will entertain the dispute and decide the same to the best of his knowledge and ability. In this view of the matter not only this revision petition, but even the Civil Suit can be disposed of.
CRP 46 of 2012 Page 4 of 5
5.
Accordingly, the dispute between the parties is referred to the Secretary Maharaj, Ramkrishna Mission of Viveknagar, PO & PS - Amtali, Agartala, West Tripura, Pin - 799130, who will act as an umpire. He shall hear the parties before dealing with the matter. His decision shall be final and binding on the parties.
6.
The plaintiffs Suit is disposed of with the direction that all claims raised in the dispute are referred to the decision of the Secretary Maharaj. The learned trial Court shall dispose of the suit in the light of this judgment.
7.
The parties may file copies of the pleadings which have been filed before the trial Court before the Secretary Maharaj. It is left to the Secretary Maharaj to decide whether he wants to record any evidence oral or documentary, but he shall after considering all the documents filed by the parties and after hearing them decide the matter and any decision given by the Secretary Maharaj will be binding upon all the parties and no objection against the same shall be entertained by any Court including this Court. 8.
Send down the LCRs forthwith.
CHIEF JUSTICE sima CRP 46 of 2012 Page 5 of 5