Denzil Arambhan And 21 ORS v. Anil Kumar Manrai And ORS

Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 9709 OF 2022 Anil Kumar Manrai & Ors

...Petitioners

Versus

Ariisto Sapphire CHSL & Ors

...Respondents

WITH INTERIM APPLICATION NO. 1357 OF 2022 IN WRIT PETITION (L) NO. 9709 OF 2022 Anil Kumar Manrai & Ors

...Petitioners

Versus

Ariisto Sapphire CHSL & Ors

...Respondents

Mr Mayur Khandeparkar, with Sonam Mhatre & Abhishek Bhosale, i/b Dhaval Vussonji & Associates, for the Petitioners. Mr MA Sayed, AGP, for State.

Mr Gajendra Waity, for Respondent No.1.

Mr Ashok M Saraogi, for Respondent No.8.

Mr Karl Tamboly, with Vishal Jathar & Ryan D'souza, i/b Tejas Shah, for the Intervenors.

ARUN RAMCHNDRA SANKPAL

CORAM

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

DATED:

PC:- ARUN RAMCHNDRA SANKPAL Date: 2022.04.08 09:39:07 +0530

1.

We do not see any reason to interfere with impugned order of 16th March 2022 at Exhibit "R". All seem to be agreed that elections to the managing committee of the 1st Respondent society should be held as early as possible.

2.

This is the plea of the seven Petitioners. It is supported by 22 members of the society who are seeking to intervene (represented by Mr Tamboly) and whose intervention we allow. Another 16 members have e-mailed their support. The vast majority therefore are in favour. Even the 3th Respondent, the original complainant, supports the submission for early election.

3.

The statutory authorities cannot possibly have any objection. 4.

By the impugned order, the Administrator appointed has been directed to hold the elections.

5.

We see no reason why the election process should take the maximum allowable time of six months. Indeed , we believe it can be completed within a period of eight weeks from today. 6.

The Administrator of the 1st Respondent society is directed to complete the election process within that period of time. 7.

In order to allay all other concerns, in the meantime, the Administrator is not to take any other decisions involving the assets or property of the society. He will ensure that all payments of salaries, wages, dues and taxes and similar routine outgoings as was

being done earlier are paid on time and without default. No policy decisions are to be taken pending the conclusion of the elections. 8.

The Petition is disposed of with these directions. There will be no order as to costs.

9.

The pending IA is infructuous and disposed of accordingly. (Madhav J. Jamdar, J) (G. S. Patel, J)