Ripon Club (RC) members overwhelmingly voted on April 22, 2019 to surrender the fourth floor of their two-storeyed Club premises to settle a long-time eviction suit filed by the landlord, the N. M. Wadia Charities (NMWC). In return the Wadia trust has agreed "in principle” to give the 4,073 sq ft plus 3,599 sq ft terrace area on a leave and license basis, 35% of the income from which will be received by the 135-year-old Club,” stated Club president Xerxes Dastur. RC, however, will have no say as to whom or for how much or how long the premises are leased, whether the space is kept vacant or not or any other matter pertaining to the floor.
The landlord "doesn’t want us involved as far as the fourth floor is concerned. They don’t want to trust the Ripon Club and the vagrancies of the members every three or four years when the lease has to be renewed.” The tenancy of the third floor would remain "on an as is where is basis.” But the landlord would have the right to file an eviction later if grounds arose. No right of repossession would remain. The RC management was asked to seek "an in principle sanction from the members. Effectively we will surrender the fourth floor,” clarified Dastur. He made it clear there was "no other offer” on the table. "No specifics” were offered and the members had to say either "yes or no.”
Of the 70 male members (woman can only be associate members with no right to attend meetings or vote) present for the one hour, extraordinary general meeting convened to decide on the compromise agreement, only two dissented. Once the agreement is finalized, consent terms will have to be filed in the Court.
RC occupies the top two floors of the N. M. Wadia Building (pictured) at 123, Mahatma Gandhi Road in Fort, once the financial and business hub of the city. The landlords have their office on the first floor. RC offers breakfast, lunch and tea but no dinner. The third floor is used for dining and lounging while the fourth floor comprises a billiard table and dining tables and an open terrace in the rear portion. As the number of Parsis decline and businesses migrate towards the suburbs, the utilization of the Club suffered.
While the demand for office space has lessened in the area, the fourth floor with a view of Bombay University, Rajabai Clock Tower, etc and a rear terrace overlooking the Bombay Stock Exchange should find takers. But in the event the trust sells the building to a commercial entity, the new landlord could use the premises for their own use, thereby depriving the Club of its inflation-linked revenue.
RC committee members met the NMWC trustees "on several occasions” to hammer out a compromise agreement, said Dastur. The meetings were on a "cordial” though not "harmonious” basis. Dastur was deputed by the other Club trustees and managing committee members to address the evening gathering and singled out Small Causes Court lawyer Hoshang Lashkari, former Bombay Parsi Punchayet chairman Dinshaw Mehta and Saroosh Dinshaw amongst others who assisted with suggestions, negotiations and the agreement. "The lawyers said we have a very poor case,” said Mehta, "but I do not agree. We have a strong case to fight.” But the Club management has consistently shown an unwillingness to litigate and the rank and file members, concerned about losing out on one of the few affordable clubs available to them, went along.
Mehta approximated a possible monthly income of around seven to eight lakh rupees for the surrendered premises, of which a little under three lakhs would accrue to the Club. The trustees and managing committee members, however, cautioned against stating any figure. Demand can fluctuate and if a larger deposit was offered to the landlord, the monthly income would be lower.