Neeta Bhardwaj & Ors. v. Kamlesh Sharma

1. This hearing has been done through hybrid mode (physical and virtual hearing). CM APPL. 6407/2021(for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of. CM APPL. 5822/2021(for impleadment)

3. This is an application for impleadment of Mahant Surendra Nath, Chela of Mahant Ram Nath – Gaddi Nashin of Avdhoot Jogis, Dera Avdhoot Jogi, Mandir Shri Kalkaji. The named person is impleaded as 2021:DHC:582 Respondent No. 7. Application for impleadment is disposed of. FAO 36/2021, REVIEW PET. 32/2021 & CM APPL. 2916/2021

4. Further to the last order of this Court, dated 5th February, 2021, a CM APPL. 5822/2021 has been moved on behalf of the Mahant Surendra Nath, Chela of Mahant Ram Nath – Gaddi Nashin of Avdhoot Jogis, Dera Avdhoot Jogi, Mandir Shri kalkaji. The submission of the Applicant is that the Bari of the Applicant starts from 00:00 hours of 23rd February, 2021 and subsists till midnight of 24th March, 2021. Accordingly, the order dated 5th February, 2021, which recognizes the Bari of the Respondent till 24th February, 2021, would have to be modified.

5. All counsels for the parties unanimously agree that the Bari of the Applicant would start from 00:00 hours on 23rd February, 2021. Accordingly, it is directed that the mandate of the Receivers would end on 22nd February, 2021 at 11:59 p.m.

6. In order to ensure that the transmission between the persons having the current Bari and the incoming Bari is smooth and that there is no disruption, the following directions are issued: i. All the donations boxes/Hundi shall be emptied at 11:59 p.m on 22nd February, 2021 and the collections shall be securely placed in containers or bags. The same shall be stored in a room surveilled by CCTV cameras, which have already been identified between the parties and the Receivers. ii. The said room shall be locked and there shall be three sets of keys of the said room. One set to be with the Receivers, i.e., Mr. H.S.Sharma, Retd District & Sessions Judge (M: 9910384647) and Mr. Anurag Ahluwalia, Advocate (M: 9811418995), one set to be with the Appellant and one with the Respondents. The parties shall however, ensure that nobody breaks open the lock or enters the said rooms. The responsibility of the said rooms shall be with the Appellant and the Respondent. The Receivers shall get the amount collected under their supervision and deposit the same in the bank 24th by February, 2021 in the Registrar General’s account in UCO Bank. iii. Till the amount is removed from the room which has been identified by the Receivers, the CCTV shall not be switched off. Mr. Aly Mirza representing the persons whose Bari is incoming agrees to this position. iv. Insofar as the Respondent impleaded who has the incoming Bari, they shall be entitled to start using the pooja room which is occupied by the Pujari with effect from 00:00 hours 23rd

7. The person/s with the incoming Bari is also directed to place before this Court the actual account of all collections including in the donation boxes, dakshina and other offerings on 23rd February, 2021 and 24th February, 2021 in a sealed cover, for the perusal of this Court.

8. The Receivers are also requested to conduct their own independent survey of various shops, Dharamshalas etc., working in the complex and place a final report on record, by 10th March, 2021.

9. Paragraphs 20(a) and 20(g) accordingly stands modified in terms of this order. The adjustment of all the accounts of the previous Bari shall be made after the final report of the Receivers are received. The Appellants were also directed to file the accounts for the days when they were in-charge of the Mandir in the current Bari. The accounts having not been filed, the same shall be filed on or before 1st March, 2021. The Respondents would be allowed to respond to the said accounts by filing an affidavit. The Plaintiff/Respondent No. 1 is permitted to serve all the newly added Respondents by taking dasti notice from the Registry.

10. The Receivers are in possession of certain articles which were placed by devotees in the donation box. Those articles, with the consent of parties are being handed over to the Respondent. If there are any valuables which are handed over, the same shall be assessed by the Respondents and an affidavit shall be filed before the next date giving the valuation of the said articles.

11. The Registrar General may pay the fee of the Receivers and the Local Commissioner as per the last order dated 11th

12. It is submitted by the parties, as is also evident from the Receivers’ report, that there are proceedings pending before the Supreme Court and a Committee has been appointed. Let a complete set of the orders passed in the said proceedings be placed on record by the Appellants. In view of today’s orders passed, the Review Petition No. 32/2021 is disposed of.

13. List on 15th March, 2021. The date of 25th February, 2021 stands cancelled.

PRATHIBA M. SINGH JUDGE FEBRUARY 17, 2021 dj/Ap (corrected & released on 20th February, 2021)