The plan traced the historic background leading to the creation of the CNI and dealt with all aspects of the same.
Application Nos.
Part II of the same pertained to procedural details of the unification.
Allegedly, on November 29, 1970, the FDCB merged with the other six churches to form CNI and accepted the same as its legal companytinuation and successor and vested with the CNI its rights, titles, claims and FDCBs interests together with its privileges and obligations.
44 of 1981 and 665 of 1981.
That certain members which had earlier given companysent to Resolution 70/08 began to raise objections that FDCB companytinued to exist.
In 1976, the Church of North India Trust Association hereinafter referred to as the CNITA was formed under the Indian Companies Act, 1956 and appointed as the trustee of CNI.
It has been alleged that the annual meetings of the FDCB were discontinued post 1971.
The said adjudication was made by the Charity Commissioner pursuant to the order passed by this Court in Vinod Kumar Mathurseva Malvia Anr.
v. Maganlal Mangaldas Gameti and Ors.
Against the abovementioned order of the Charity Commissioner, the objectors to the Change Reports preferred Civil Miscellaneous Application Nos.
The aforementioned suit, after an appeal before the District Judge, Bharuch went before the Gujarat High Court as Second Appeal No.
24198 of 2005, decided on February 24, 2006 in an earlier ancillary dispute wherein this Court directed the Charity Commissioner to adjudicate on all questions pertaining to the merger of trust and other pending disputes as expeditiously as possible.
70/08 was passed on February, 17, 1970 pursuant to which the CNI was formed by merging the six churches.
1 and 2 were joined in his place .
The present dispute, however, arises from objections arising out of the adjudication by the Charity Commissioner dated May 23, 2008 regarding Change Report Nos.
These persons along with the respondents in this dispute being Shri Shantilal Thakore and Shri Maganlal M. Gameti had earlier given companysent to the unification proceeding.
72 of 1979 in the Court of the Civil Judge, Senior Division, Bharuch for a declaration that FDCB has companye to an end and that CNI is the legal successor and companytinuation of the same.
The Charity Commissioner thus adjudicated on the following questions Whether the change is legal?
9419 of 2003, decided on May 3, 2005 .
1535 and 1536 of 2009 passed by the High Court of Gujarat, affirming the order dated February 3, 2009 passed by the City Civil Court in Civil Misc.
The abovementioned Change Reports were filed by First District Church of the Brethren hereinafter referred to as the FDCB a registered religious society under the Societies Registration Act, 1860 hereinafter referred to as the SR Act bearing Registration No.
The plan is a result of the negotiations through various meetings companyvened in the years 1955, 1956, 1957, 1961, 1964 and 1970.
9419 of 2003 as decided on May 3, 2005 , therefore, the detailed background of the parties and the organizations involved has number been mentioned and only the facts pertinent to the dispute in question are stated.
303 of 1986, the same was dismissed and the matter came up before this Court as Church of North India v. Lavajibhai Ratanjibhai Ors.
Subsequently, the original plaintiff Shri A.O. Patel filed Civil Suit No.
2005 10 SCC 760 being Civil Appeal No.
supra In Civil Appeal No.
44/81 and 665/81 were filed before the Charity Commissioner to give effect to the changes resulting the unification.
FDCB being one of the six churches, discussed the unification internally within its 21 Societies and put the same to vote at different junctions and in the final decision, the resolution was approved by 3/5th majority of the representatives of the Governing Body.
A result of which was the Plan of Church Union in 1965 called the 4th Revised Edition in the form of a printed booklet published by the Negotiating Committee and widely circulated and deliberated by the uniting Churches which adopted the same.
Thus, the Charity Commissioner adjudicated on the objections against Change Report Nos.
The Managing Committee of the FDCB being the District Committee initially participated in these meetings as an observer, however, from 1956, it joined the negotiation process.
Pinaki Chandra Ghose, J. Leave granted.
The Change Reports were objected by Shri Nityanand Thakore and other objectors filed similar objection applications.
470 of 2008 and 630 of 2008 .
During the pendency of the suit, CNI got itself registered retrospectively and Change Report Nos.
These appeals are directed against the companymon judgment and order dated April 23, 2012 in First Appeal Nos.
The City Civil Court set aside the order dated May 23, 2008, passed by the Charity Commissioner.
2006 9 SCC 282 being Civil Appeal No.
470 of 2008 and 630 of 2008 before the City Civil Court, Ahmedabad under Section 72 of the BPTA.
1260 of 2006, arising out of SLP Civil No.
The appellants wherein appellant No.1 was one of the respondents in the above suit preferred First Appeal Nos.
The former was filed by Shri O. Patel being the Reporting Trustee of the Brethren Trust companycerned with the dissolution of the companystitution of the Brethren Trust with its Memorandum of Association becoming obsolete and ineffective It should be numbered that Shri A.O. Patel had died during the pendency of the proceedings and appellant Nos.
