Dismissed

Ganesh Mohan Mudaliar and Ors. v. Shivmangal Developers an Dors

Bombay HC19 Jun 2023WP/7226/2023

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the City Civil Court's order dismissing an application for impleadment. Relying on Daman Singh v. State of Punjab, the court held that society members must act through the society, and individual impleadment would disrupt proceedings.

What did the court decide?

Writ petition dismissed as there is no cause for interference with the impugned order.

Ganesh Mohan Mudaliar and Ors. Vs Shivmangal Developers… — Cooperative Societies | Bombay HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

¶2

WRIT PETITION NO. 7226 OF 2023

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Ganesh Mohan Mudaliar & Ors.
 Versus

¶4

Shivmangal Developers & Ors.

¶5

..Petitioners.

¶6

..Respondents.

¶7

-------- ---------

¶8

Adv. Prashant Kulkarni and Rachna Mamnani for the petitioner.

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--------- --------

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 Coram : Sharmila U. Deshmukh, J.
 Date : June 19, 2023.

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P. C. :

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1. Challenge in the instant writ petition is to the order dated 3^rd

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April 2021 passed by the City Civil Court, Mumbai in Chamber Summons
No. 895 of 2021 in Suit No. 671 of 2021.

¶14

2. Heard learned counsel for the petitioners.

¶15

3.Learned counsel for the petitioner submits that the petitioners
are the managing committee members of the respondent no.8– co-
operative housing society, which has filed the suit in question. He would
further submit that the petitioners being members of the said society,
are the necessary and proper parties to the said suit.

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1 of 2

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patilsr

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4.The suit in question has been instituted by the SRA co-
operative housing society of which petitioner Nos.1 to 4 are the
managing committee members. Considering the decision of the apex
Court in Daman Singh v. State of Punjab [AIR 1985 SC 973], wherein the
Apex Court has held that member of the society must speak through the
society or rather, the society alone can act and speak for him qua the
rights and duties of the society as a body. That being the settled
position, in my view, the impugned order does not suffer from any
infirmity. It is also to be noted that if the present application for being
impleaded by an member is allowed, then, each and every member of
the society would seek impleadment in the proceedings which are
required to be filed by the co-operative society for and on behalf of its
members.

¶19

5.In view of the above, there is cause for interference. Writ
petition is accordingly dismissed.

¶20

6.Needless to state that it is always open for the petitioners to
institute independent proceedings in event they seek any reliefs adverse
to that sought by the society in these proceedings.

¶21

2 of 2

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patilsr

Ganesh Mohan Mudaliar and Ors. v. Shivmangal Developers an Dors

Case brief

What is this about?

What did the court decide?

Ganesh Mohan Mudaliar and Ors. v. Shivmangal Developers an Dors

Case brief

What is this about?

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What the court decided

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