Deven Shashikant Kotak v. Pluto Sra Co-Op Housing Society Ltd. And 13 ORS.

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY O.O.C.J.

O.O.C.J.

CONTEMPT PETITION (L) NO. 13459 OF 2023 IN WRIT PETITION NO. 4168 OF 2022 Devan Shashikant Kotak .. Petitioner

Versus

Pluto (SRA) Co-operative Housing Society Limited and Ors.

.. Respondents ....................

 Ms. Kalyani Wagle i/by T.N. Tripathi & Co. for Petitioner. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : NOVEMBER 30, 2023.

P.C.:

1.

Not on Board. Mentioned. Taken on Board.

2.

Perused the praecipe dated 30.11.2023.

3.

Heard Ms. Wagle, learned Advocate for Petitioner. 4.

This is a Contempt Petition filed in pending Writ Petition No.4168 of 2022. On 28.09.2022, this Court passed an order directing Respondent Nos.2 to 6 who were the erstwhile Managing Committee Members of Respondent No.1 - Society to hand over the entire charge and all documents to the Authorised Officer for conducting the election of the Society.

5.

Ms. Wagle would submit that the above order was not complied with fully by Respondent Nos.2 to 6. However, she would submit that the entire election process has been now completed and Corrected / Modified order as per speaking to the minutes of order dated 13.09.2024. 1 of 3

Petitioner has been elected / declared as the Committee Member alongwith a fresh Managing Committee of the Society by the Authorised Officer. The Authorised Officer is impleaded as Respondent No.7 in the present Contempt Petition. He has not handed any charge to the newly elected Managing Committee due to the reason that he has not received the documents from Respondent Nos.2 to 6. 6.

An arguable case has been made out for issuance of notice to Respondent Nos.2 to 6 on the basis of the above averments made by Ms. Wagle.

7.

Hence, issue notice to Respondent Nos.2 to 6. 8.

These answering Respondents are directed to file Affidavitin-Reply and inform the Court the reasons for not handing over the entire charge and all Society documents to the Administrator and/or consequentially to the newly elected Managing Committee of Respondent No.1 - Society. Such Affidavit shall be filed within a period of four (4) weeks from today.

9.

Respondent Nos.2 to 6 are directed to remain present in the Court personally on the next adjourned date at 10:30 a.m. in the morning considering the facts and circumstances of the present case and since this is a Contempt Petition.

10.

Respondent No.7 - Administrator is also directed to remain Corrected / Modified order as per speaking to the minutes of order dated 13.09.2024. 2 of 3

present in Court and inform the Court as to whether he had indeed received the entire charge and all Society documents pursuant to the order dated 28.09.2022.

11.

Present Contempt Petition is directed to be heard alongwith Writ Petition No.4168 of 2022 on the next adjourned date. 12.

Stand over to 05th January, 2024.

[ MILIND N. JADHAV, J. ] Ajay Digitally signed by AJAY TRAMBAK UGALMUGALE Date:

2024.09.14 10:20:42 +0530 AJAY TRAMBAK UGALMUGALE Corrected / Modified order as per speaking to the minutes of order dated 13.09.2024. 3 of 3