After a one hour, 40 minutes, often heated discussions at the meeting on December 19, 2017 the members of the 133-year-old Ripon Club authorized their managing committee to settle the eviction suit filed by the landlord, the N. M. Wadia Trust.
At the start of the meeting, trustee and managing committee member Jimmy Pochkhanawalla cautioned the members that if they chose to reject the present offer, the Club did not have the financial wherewithal to fund lengthy and expensive court cases. Furthermore in the event of losing the case, the Club would be required to pay mesne profit (the rent calculated on the commercial, market value of the premises as versus the standard rent). As part of the settlement proposal, the Club would give up occupancy of the fourth floor in return for a crore of rupees and a 200-year lease on terms favorable to the Club, said Pochkhanawalla. Around 15 years ago, the landlord had agreed to give three crores in return for the fourth floor. After the members overwhelmingly spurned the offer at that time, the Wadia trust filed a suit for eviction.
One of the doyens of Small Causes Court, lawyer Hoshang Lashkari who was invited to join the Club committee that was negotiating a settlement with the landlord told the members, "If you were my client I would advise you to settle at the best terms possible.” A social club may not receive protection under the Maharashtra Rent Act.
Hormazdiyaar Vakil, a partner of the noted law firm Mulla and Mulla, said he "fully endorsed” Lashkari’s view. "It doesn’t pay to fight.” Counsel Dinyar Madon also stated that when "the chances of success are not good,” one had to be "sensible.” He counselled the members to "authorize the committee to negotiate and finalize the settlement.” Noted structural engineer Sam Rao also felt, "It is better to talk... The fourth floor is not of great use.” Psephologist Dorab Sopariwala also advised, "Take whatever we can.” Former Tata Sons executive director Farrokh Subedar advised the members, "Don’t look a gift horse in the mouth. Expedite (the settlement). The premises don’t belong to us. They belong to the Trust.”
When Pochkhanawalla mentioned a member Khushroo Zaiwala who opposed Club’s surrendering premises and had filed a suit to prevent the alienation was present at the meet, several members vented their collective ire at Zaiwala. Shouts of "throw him out!” rented the air. A handful of members rose from their chairs and advanced towards the elderly lawyer.
Former Bombay Parsi Punchayet chairman and Ripon Club member Dinshaw Mehta castigated the gathering, noting, "It’s not right to heckle Mr Zaiwala.” He advised the members to "get a good offer ourselves and (negotiate) the sharing ratio” between the Club and the Trust. "We have to approach the Trust in the right manner.” Committee member Jehangir Chowna replied, "We are not heckling Mr Zaiwala.” Mehta: "Some of the members are very rude. This is not the right thing to do.”
While Mehta was placating the members, Zaiwala phoned his son Rayomand who arrived at the venue along with Khushroo’s wife. Rayomand stated his father was "a sick man,” and threatened to call the police. He then began to videograph the proceedings but was told not to do so by Pochkhanawalla. The audience demanded that the son and wife be ousted from the meeting as they were not members. But Pochkhanawalla countered, "For the sake of propriety, the wife and son could stay but he (Rayomand) may not record the proceedings. Khushroo, assure us if there is any recording you will not use” it in any legal proceedings. Khushroo replied, "Agree.”
Following the stormy meeting Zaiwala, in a lengthy WhatsApp message alleged the members should have realized the matter was sub judice and "to openly instigate a mob is not only a serious crime, but also contempt of court.”
Lawyer Bapoo Malcolm who had served on the Club’s committee in the past said Zaiwala’s suit was not against the Club as much as the landlord. Due to the allegations made by Zaiwala against the Trust, Pochkhanawalla said the landlord had broken off negotiations.
Chairman of the managing committee and trustee Xerxes Dastur said the meeting was the right "forum to find an amicable settlement.”
There was some debate whether the committee should be authorized to finalize a settlement with the members’ approval or without. Madon advised, "Finalize without coming back” while Mehta cautioned, "If you don’t come back people will allege ‘trustee khai lèch (takes money under the table).’” Dastur said he was in "favor of coming back.”
Eventually the members, with Zaiwala abstaining, authorized the committee to finalize the deal.