MUMBAI, November 5: The Bombay High Court today ordered that a show cause notice be served to a member of the Mumbai Cricket Association (MCA), asking why a criminal complaint filed by him alleging misappropriation of funds in Garware Club House (GCH), should not be quashed.

Ravi Sawant, an MCA member, had filed a criminal complaint two years ago in the Esplanade court alleging misappropriation of funds at the GCH amounting to Rs five lakh. The amount was collected by the GCH management from its members as a relief fund for rehabilitation of the September 1993 Latur earthquake victims.

While Chief Minister Manohar Joshi is the MCA president, the GCH is presided over by former chief minister Sharad Pawar.

After hearing GCH advocate Shrikant Bhat's argument today, Justice S S Parkar ruled that the show cause notice be served within two weeks. The matter will be decided by the High Court after Sawant replies to the notice.Sawant, in his complaint filed on December 8, 1995, had alleged that the GCH, through its secretary Suresh Mehta, vice-president Sudhir Mody and treasurer Pravin Gandhi, did not hand over the amount to the state government intentionally, thus committing a criminal breach of trust.

The three cheated about 9,500 members of the Garware Club by utilising the amount for personal benefits, he charged.

The GCH had collected Rs 4,23,350 from its members and added Rs 76,750 from its own balance to make it a round figure. However, the GCH managing committee wanted the state government to use the money for building a school or a nursery named after Garware and sent a proposal to the government expressing this desire. They also pursued the matter with the then chief minister Sharad Pawar.

Surprisingly, the state government did not bother to reply to the GCH, and the amount was not donated to the state government till November 1995. The GCH management then handed over the cheque to Chief Minister Manohar Joshi on November 24, 1995, for which a receipt was issued by the state government.

According to the GCH, the funds were not misappropriated but were kept safely till the government took a decision on their demand. The Club also claimed that due to the government's delay and disinterest in its proposal, the money was given to the government without any conditions.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.