Hyderabad Fund case
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2016: UK court dismisses Pakistan's application
The Times of India, Jun 22 2016
India Refutes, Says Court Has Dismissed Application
Claiming vindication of its stand on the Hyderabad Funds case, Pakistan announced that the English high court had rejected India's attempts to strike out Islamabad's claim to the funds currently valued at £35 million. India though contested this, saying the court had dismissed Pakistan's application invoking limitation against India's claim to the monies. “The judgment states that Pakistan's application for summary disposal of the claim in her favour must fail. The costs for the failure of this application of Pakistan will be awarded to India,“ said MEA spokesperson Vikas Swarup.
The Hyderabad Funds refer to the £1,007,940 and 9 shillings transferred from the erstwhile State of Hyderabad's bank account in National Westminster Bank in London to an account in the same bank, of the then Pakistan high commissioner to UK on September 20, 1948, just two days after the Nizam decided to accede to India.The money has three claimants -Pakistan, India and the Nizam's family .
The legal action in the matter was initiated by Pakistan in 2013.
The MEA said Pakistan's subsequent application for discontinuance of the case was rejected by the same court last year. India was also awarded substantial costs against Pakistan at that stage.
“Pending trial or settlement of the matter, it is premature to reach any conclusion regarding ownership of the monies, especially as the present judgment readily acknowledges that there is much force in many of India's arguments to strike out Pakistan's claim of ownership,“ said the spokesperson.
According to Pakistan though, India failed to persuade the court that Pakistan's position was untenable and that it could show no legal entitlement to the £35 million sitting in a bank account in the name of the high commissioner of Pakistan, since September 20, 1948.
“The judge accepted that there was good evidence in support of Pakistan's claim to the monies, which needed to be fully considered at a trial. The judge also accepted that there were good legal arguments which were supportive of Pakistan's position.India will face a substantial costs claim, as a result of losing its applications,“ said Pakistan's foreign ministry in a statement.
As the successor state to the Nizam's State of Hyderabad, India has all along maintained its claim over the money . Faced with no prospect of recovering the money through the courts, ever since the 1960s the Indian Cabinet has been approving efforts aimed at pursuing an out-of-court settlement with Pakistan and the Nizam's heirs to recover what in the past has often been referred to as the sacred inheritance of the people of India.
