The Arihant Majestic Towers Flat Owners Association v. A. Srinivasan

C.R.P.No.465 of 2023 and C.M.P.No.3894 of 2023 T.V.THAMILSELVI, J.

Today, the matter is listed under the caption "for being mentioned", at the instance of the learned counsel for the respondents. 2.It is brought to the notice of this Court that, an error has crept in, in paragraph No.8 of the order dated 06.07.2023. 3.Taking note of the submission, Para No.8 of the order dated 06.07.2023 is deleted and ordered to be substituted with the below mentioned paragraph.

"8.

With regard to the payment of remuneration, the learned counsel for the respondents submitted that the members of the petitioners' flat owners association are also paying the subscription. Besides the petitioners welfare association collecting the amount from all the 320 flat owners, to safeguard the welfare of the members. So, if the respondents are ordered to pay equal share in the renumeration they will be put to hardship.

8(i). By way of reply the learned counsel for the petitioners submit that, because of the attitude of these respondents they were dragged to the Court, so they should also equally share the renumeration.

8(ii) On seeing the fact that the welfare association is running by collecting the subscription including from the respondents. It is true that because of the respondents the proceedings were initiated before this Court, but it is their prerogative right to approach the Court for proper remedy. 8(iii). Considering the submissions made by the learned counsel for the respondents, this Court is inclined to direct the petitioners to pay only Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand Only) and remaining Rs.50,000/- (Rupees Fifty Thousand only) is ordered to be shared by both respondents equally. Therefore, the Election is ordered to be conducted in the presence of Hon'ble Mr.Justice K.Venkataraman (Retired), under his supervision, and his fees is to be paid at Rs.2,00,000/- (Rupees Two Lakhs only) per month."

3. Registry is directed to incorporate the above extracted new paragraph Nos.8, 8(i), 8(ii) & 8(iii) quoted above and issue fresh order copy to the parties forthwith.

4. In other respects, the order dated 06.07.2023 shall remain unaltered.

12.07.2023 rri

T.V.THAMILSELVI, J.

rri C.R.P.No.465 of 2023 and C.M.P.No.3894 of 2023 12.07.2023