Dismissed

Navinchandra R. Pael v. Prateek Co-Op. Hsg. Soc. Ltd.

Bombay HC15 Dec 2011WP/2124/2010

Case brief

AI extract

What is this about?

Single judge court disposed of a writ petition by consent. The Court set aside an impugned order without merits, appointed the Acting Official Assignee as Returning Officer for fresh elections, directed the Managing Committee's interim conduct, fixed fees for the Officer, and ordered withdrawal of a related dispute.

What did the court decide?

Impugned order set aside; Shri Kapse appointed as Returning Officer; fees fixed at Rs. 25,000 for Respondent No.1 to pay.

Navinchandra R. Pael Vs Prateek Co-Op. Hsg. Soc. Ltd. — Company and Corporate | Bombay HC (2011)

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I N THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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jmi

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WRIT PETITION NO. 2124 OF 2010.

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Navinchandra R. Patel. & Ors.

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..Petitioners.

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vs.

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Prateek Co-operative Housing Society Limited & Ors. ..Respondents.

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Mr. J.G. Shukla, i/b. G. H. Shukla, for Petitioners.

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Mr. Dinesh Patel Petitioner No. 3, present in person.

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Mr. Mayur Khandeparkar, a/w. Ms. Lata Bachani, i/b. I.R. Joshi & Co., for Respondent Nos. 1 to 3 & 5.

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CORAM : S.J. KATHAWALLA, J. DATE : 15TH DECEMBER 2011.

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P.C. :

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Heard the Learned Advocates appearing for the parties and the following order is passed by consent :-

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(i) The impugned order dated 2^nd July 2010 is set aside without going into the merits of the said order.

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(ii) Shri Kapse, Acting Official Assignee is appointed as Returning Officer to conduct fresh elections of the Respondent No.1 Society as per the present bye-laws.

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(iii) Shri Kapse shall complete the procedure of holding the elections and declaring the results on or before 29^th February 2012.

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(iv) Until the results of the fresh elections are declared, the present Managing Committee shall look after the day-to-day functioning of the society. The Learned Advocate for Petitioner states that pending the elections of the present Managing Committee,

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Respondent No.1 should not take any steps qua execution of the Conveyance which are not in the interest of the Society. To this, the Learned Advocate for the Respondent No.1 has rightly pointed out that under bye-law 155, the Committee is required to take steps pertaining to Conveyance only in consultation with the General Body.

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(v) The dispute filed by the Petitioners being dispute no. CC/2/173/2007 shall be withdrawn by the Petitioners within a period of two weeks from today.

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(vi) Parties shall not claim any equities in their favour,in view of this order.

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(vii) The fees of Shri Kapse is fixed at Rs. 25,000/- and the same shall be paid by the Respondent No.1 society.

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(viii) Parties agree that no reasons be given in support of this order.

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(ix) Writ Petition is accordingly disposed of.

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[ S.J. KATHAWALLA, J. ]

Navinchandra R. Pael v. Prateek Co-Op. Hsg. Soc. Ltd.

Case brief

What is this about?

What did the court decide?

Navinchandra R. Pael v. Prateek Co-Op. Hsg. Soc. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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