From:
Mrs. Deepa Tidke
8, Nandanvan, 4th
Road, TPS – III ,
Santacruz-East, Mumbai –
400055
Date:
16th Aug., 2012
To,
The
Hon. General Secretary,
MIG
Cricket Club,
Bandra
East, Mumbai
Dear
Sir,
Re. Mumbai High Court Order dated
1-8-2012 on
Civil Application No. 1363 of 2011 and
32 of 2012
I came to know of the above referred order of the Hon.
High Court, Mumbai re. the suit filed by Mr. Pravin Barve against MCA. The
order has many repercussions concerning our Club that need to be immediately
addressed by the management.
a)
The
order has declared that Parel Sporting Club and Friends Sports Club belong to
MIG CC and not to Mr. Pravin Barve.
b)
Accounts
of both the said clubs need to be immediately incorporated in the accounts of
MIGCC accounts. It means that all the receipts of the said clubs (say, since
1992 for Parel Sporting Club) need to be audited and accounted for.
c)
The
accounts may result into certain amounts due and recoverable from Mr. Pravin
Barve. The amount needs to be ascertained at the earliest. I suggest that its
recovery be scheduled by mutual convenience.
d)
Any
willful delay or failure to act by the management of our Club may be viewed as abetment
by all the trustees and the Managing Committee members in a criminal breach of
trust. Our Club needs to avoid such unpleasant situation particularly for those
in the Government service.
e)
I
believe that one of the grounds for Sec. 41D application (for removal of the
trustee) is wrongful claim over the said clubs and monitory transactions
relating thereto. As the issue of ownership is now settled, status of the trusteeship
of Mr. Pravin Barve need to be clarified by the Board of Trustees of our club.
f)
Statutory
auditor should be immediately informed of this HC order so the accounts can be
restated accordingly. The auditor will have to take cognizance of this HC order
as it is a material fact before re-statement of the accounts for 2010-11. Non-discloser
of this HC order to the statutory auditors would amount to willful suppressing of
the material facts.
In view
of the HC order and the contrary claims made by Mr. Pravin Barve, he needs to immediately
resign from the Trusteeship of our Club. He may choose to contest for the
trusteeship after settlement of the accounts of the said clubs. A trustee
cannot continue in the post when such amounts (now become wrongfully claimed by
him) are due from him. I fear that the Office of the Charity Commissioner on
taking cognizance of this HC order may direct the management to even file a criminal
complaint. A prompt action and resignation by Mr. Pravin Barve would save the
Club from such ignomous situation.
I had
earlier given suggestions on collection and certification of certain accounting
details to be provided along with restatement of the accounts for 2010-11. I
regret to note that no information has yet been provided. Moreover, a very
peculiar situation would now arise where Mr. Pravin Barve would be signing such
restated accounts as Chairman of the Club that need to be avoided.
I request
you to kindly inform all the members of the Club of the HC order and the action
taken by the Board of Trustees in this respect. It is very unfortunate that you
failed to inform the members of this very important order till now.
Thanking you,
Yours sincerely,
Deepa Tidke
Life membership# LT-1811
CC to:
1)
Mr.
Subodh Kulkarni, ,President, MIGCC
2)
Mr.
Gokhale, Hon. Treasurer, MIGCC
