Swanand Co-Op. Hus. Soc. Ltd. And ANR v. Umakant Laxmikant Joshi And ANR

ssm 1 8-wp1502.20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1502 OF 2020 Swanand Co-Op. Hus. Soc. Ltd. & Anr.

.....Petitioners Vs.

Umakant Laxmikant Joshi & Anr.

.....Respondents.

Mr. Mutahhar Khan a/w Mr. Hemant Mehta i/by Mehta & Co. for the Petitioners.

Mr. G.N. Salunke a/w Mr. Rupesh Turbhekar i/by Praveen L. Singh for the Respondent No.1.

CORAM : A. S. GADKARI, J.

DATE : 30th MARCH, 2022.

P.C.:- By the present Petition under Article 227 of the Constitution of India, the Petitioners, Original Respondents, in Dispute No.CC/IV/553 of 2017 have impugned Order dated 16th September, 2019 passed by the Appellate Bench of Co-operative Court at Mumbai, thereby granting interim relief in favour of the Respondent No.1 in terms of prayer clause (c) of Interim Application filed below Exh-5 in the said Dispute. During the course of arguments and upon suggestion made by this Court, both the learned counsel appearing for the respective parties, expressed their consensus about a fact that, the Petitioner No.1-Society will conduct a fresh Special General Body Meeting (for short, "the SGBM") for seeking approval of its members for redevelopment of the building of 1/3

ssm 2 8-wp1502.20.doc Petitioner No.1-Society. They also acceded to the suggestion and submitted that, the said SGBM will be conveyed under the supervision of Deputy Registrar, R/North Ward, Mumbai.

In view thereof, all the earlier Resolutions passed by the Respondent No.1 pertaining to the redevelopment of the building/s of the Petitioner No.1-Society are quashed and set aside and the Petitioner No.1Society is directed to convene the SGBM within a period of three weeks from the date of uploading of the present Order on the Official Website of the Bombay High Court.

The Deputy Registrar, R/North Ward, Suburban District, Mumbai is directed to supervise the proceedings of the said SGBM. It is needless to mention that, the said SGBM will be convened and conducted as per the Model Bye-laws adopted by the Petitioner No.1-Society. In the said SGBM, the members of the Petitioner No.1-Society present therein, will decide about the course of action for redevelopment of Petitioner No.1-Society.

In view of the above, the impugned Orders dated 16th September, 2019 passed in Appeal No.25 of 2019 by the Co-operative Appellate Court, Mumbai and the Order dated 16th November, 2018 passed below Exh-5 in Dispute No.553 of 2017 are set aside. It is to be noted here that, Mr. Salunke, learned counsel for the Respondent No.1-Society on instructions, made a solemn statement before 2/3

ssm 3 8-wp1502.20.doc this Court that, in case 70% or more members of the Petitioner No.1-Society grants approval for redevelopment of the Petitioner No.1-Society in a particular mode and/or manner, his clients would withdraw the Dispute No.553 of 2017 filed before the Co-operative Court, Mumbai. The said statement is accepted.

The parties herein are directed to produce the copy of the present Order before the Deputy Registrar, R/North Ward, Mumbai for its implementation.

Writ Petition is disposed off in the aforesaid terms. (A.S. GADKARI, J.) SANJIV SHARNAPPA MASHALKAR Date: 2022.04.07 10:54:36 +0530 SANJIV SHARNAPPA MASHALKAR 3/3