Capt. Haresh Gaglani (Retd.) v. Municipal Corporation Of Greater Mumbai And 3 ORS

902.wpl.2341.2018.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (l) NO. 2341 OF 2018 Capt. Haresh Gaglani (Retd.)

...Petitioner.

vs Municipal Corp. of Greater Mumbai & Ors.

...Respondents.

.....

Mr. Prashant Pandey a/w Mr. Jain & Mr P. Singh for the Petitioner Mrs. Veera Shinde a/w Ms Rupali Adhate & Ms. Yamuna Parekh for the Respondent/ M.C.G.M.

.....

CORAM : S. J. KATHAWALLA & B. P. COLABAWALLA, JJ.

DATE 28 NOVEMBER, 2019.

P.C. :

The dispute appears to be between one Member of the Society i.e. the Petitioner against the Society and its 26 Members. The alone Member i.e. the Petitioner has moved the Court seeking directions against the Municipal Corporation to carry out the structural audit of the society building. This is not the demand of the rest of the Members. The Society has to speak in one voice. A single or few members of the society cannot approach the court in the absence of the society and the other members and seek reliefs which will afect the entire society and its remaining members.

2.

If the Petitioner wants to redress his grievances against the Society and its members for any inaction on their part, he is granted liberty to do so by Pg 1 of 2

902.wpl.2341.2018.doc initiating appropriate proceedings, which will be decided on its own merits. The Writ Petition is accordingly disposed of.

(B. P. COLABAWALLA, J.) ( S. J. KATHAWALLA, J. ) Pg 2 of 2