Judgment:
ORDER
SHEET CSOS NO.1 OF2014IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BETH-EL-SYNAGOGUE Versus ELIAS MEYER FREE SHOOL & TALMUD TORAH & ORS.………… BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 23rd April, 2014.
Mr.S.P.Sarkar, senior advocate, Ms.S.Mukherjee, Mr.S.Bose, Mr.P.P.Nasker…appear.
Mr.Raja Basu Chowdhury, Mr.S.Dutta, Mr.S.Jana…appear.
The Court : Elias Meyer Free School and Talmud Torah, Jewish Girls’ School, Beth-El-Synagogue, Maghen David Synagogue, Oseh Haised Board, Jewish Women’s League and Neveh Shalome Synagogue are Jewish institutions.
They are run by Trusts, Societies, Associations etc.comprising of members of the Jewish community in Kolkata.
The size of the Jewish community in Kolkata has been gradually declining over the yeaRs.Mr.Sarkar, learned senior advocate for the plaintiff submits that they are only about 20 in number now.
It appears that all the Managing Committees, Board of Manhighim and Trusts of this organisation have come together and formulated a scheme of management for the running and management of these institutions.
A Board of Management is sought to be constituted.
It would be three in number.
Two would be nominated by the above institutions or organisations being persons professing the Jewish faith and being of Indian origin and residing in Kolkata and the third would be a nominee of the American Jewish Joint Distribution Committee, the Indian branch of which is the Indian Joint Trust, a registered public trust in Mumbai.
The scheme is very careful to specify that the existing trusts, societies etc.would continue as legal entities and their office bearers would have to comply with all statutory requirements, but their management would be by the above Committee.
The recitals to this scheme narrate that there has been wide consultation amongst the various existing Committees, Boards etc.of the existing institutions, which have signified their consent to this scheme.
It follows that this scheme has the approval of this small but important Jewish Community of Kolkata.
I think that this scheme will be good for the community at large and for upkeep, management and proliferation of their above institutions.
Hence, I sanction the scheme of management, which is Annexure-D starting from page 76 of this application.
The answers to the questions in the summons will be found in the body of this judgment and decree.
This originating summons suit is decreed accordingly.
The department is directed to draw up the decree expeditiously.
Certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(I.
Pkd.
A.R.[C.R.].P.MUKERJI, J.)