Shri. Rajesh Nandlal Asarani And ANR v. The Secretary / President , Everest Apt. . Co. Op. Hsg. Ltd. And ORS
Rajeshri Aher 1/2 13 wp 698 of 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 698 OF 2023 Rajesh Nandlal Asarani and Anr.
...Petitioners
Versus
The Secretary / President, Eversweet Apt.
Co-op. Hsg. Ltd. And Ors.
...Respondents
....
Mr. Sameer Tendulkar, Advocate for Petitioner. Mr. Harsh Malhotra, Advocate for Respondent No.1. Ms. K.N. Solunke, AGP for Respondent-State.
....
CORAM
:K. R. SHRIRAM & RAJESH S PATIL, JJ.
DATED :15th FEBRUARY 2023 P.C.:
Petitioner's nomination was rejected for the election of the society of Eversweet Apartment Housing Society Limited due to non payment of legal charges that society had to incur to challenge an action that petitioner had initiated pursuant to invoice dated 5th August 2022 amounting to Rs.6,667/-.
At the outset, Mr.Malhotra raised an issue of jurisdiction of this Court and submitted that since this is a dispute between a member and a co-operative housing society, the exclusive jurisdiction vests only with the Co-operative Court under the Co-operative Societies Act.
Rajeshri Aher 2/2 13 wp 698 of 2023.doc At this stage, Mr.Tendulkar stated that Petitioner will, without prejudice to Petitioner's rights and contentions, pay to the society the amount of Rs.6,667/- without interest within one week from today and take such further steps in accordance with law, as advised. Mr.Tendulkar says that if Petitioner is advised to file dispute before the co-operative Court, Petitioner be given liberty to approach the cooperative Court. Accordingly, (a) Undertaking of Mr.Tendulkar to pay the amount of Rs.6,667/, under protest, is accepted; (b) Petition accordingly disposed with liberty to approach Co-operative Court with regard to the amount of Rs.6,667/- being paid.
After the payments are made, Petitioner would be eligible to contest the election, unless there are certain other disqualifying events that has arisen in the meanwhile.
The society shall address a communication to Respondent No.2 to start the election process.
(RAJESH S. PATIL, J.) (K. R. SHRIRAM, J.)