Ajmera Housing Corporation has dragged the International Society for Krishna Consciousness (Iskcon) to the Bombay high court for allegedly refusing to hand over part of a school building in Andheri (West) as was agreed upon by the two parties in 2007.
According to the suit filed by Ajmera, they owned a plot measuring in Andheri which was reserved for a school. In 2007, Iskcon approached Ajmera and requested them to hand over the plot to them to construct the Bhaktivedanta Mission School.
As per an agreement, Ajmera executed a gift deed in favour of Iskcon. In return, Iskcon agreed to give Ajmera a 2,200 sq ft constructed area on the ground floor and basement of the school building, which Ajmera was to use to conduct social activities or for charitable purposes, claims the suit.
Counsels for Ajmera — Pravin Samdani, V Tulzapurkar and Jinal Gogri, instructed by Maniar Srivastava Associates — argued that it was based on the promises and assurances of Iskcon that Ajmera had executed the gift deed. However, when the school building came up in 2012, Iskcon refused to hand over the constructed area to Ajmera, alleged the suit. After discussion, when Iskcon refused to hand over part of the building, Ajmera filed a suit on January 7 this year.
Counsels for Iskcon — Ravi Kadam, Birendra Saraf, Pooja Kshirsagar instructed by M/s Diwakar Gond — informed the court that they will not create third party rights (sell or lease out) with regard to the school building.
Justice SJ Kathawalla on January 13 refused to grant interim relief to Ajmera but took on record the statement by Kadam that they would not create third party rights.
The HC has kept the suit for hearing on February 24.