Kapil Dev Chugh v. Paradise Co-Op. Hsg. Society Ltd. And ORS.

28-ASCAN-32-2019.

MODIFIED.

DOC Dusane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.32 OF 2019 IN CONTEMPT PETITION NO.508 OF 2019 Kapil Dev Chugh

...Petitioner

Versus

Paradise CHS Ltd & Ors

...Respondents

Mr Kapil Dev Chugh, Petitioner in person present. Mr Pravin Desai for Respondent No.1 BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2022.04.13 15:01:26 +0530

CORAM

G.S. Patel & Madhav J. Jamdar, JJ.

DATED: 1st March 2022 PC:- 1.

Unfortunately, having regard to the contents of the afdavit in reply fled on behalf of the 1st Respondent Society, one Mr PK Alexander, Secretary, who is available online, and the Rejoinder fled by the Petitioner, we fnd that there are seriously disputed questions of fact. These include disputes as to the charges levied by the Society, claims for interest and so on.

2.

Apart from that, this is now clearly a dispute between a member of the Society and the Society. The Petitioner has alternate remedies available to him under the provisions of Maharashtra Co1st March 2022

28-ASCAN-32-2019.

MODIFIED.

DOC operative Societies Act. He is at liberty to avail of every one of the possible remedies under the statute.

3.

We make it clear that in any proceeding that the Petitioner fles hereafter, and we do leave all contentions open on both sides, those proceedings will be addressed and dealt with by the authorities or Courts concerned on merits. We ourselves have not expressed any opinion one way or the other on the controversies in question in this Contempt Petition.

4.

The Contempt Petition is disposed of with these observations. In view of this, we decline to entertain the application in contempt.

5.

of this order.

(Madhav J. Jamdar, J) (G. S. Patel, J) Note : This order is modifed as per order dated 13th April 2022. The corrections are shown in bold and italics.

1st March 2022