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Vijayay Adyanthaya v. Balasaheb S. Muluk and Ors.

Bombay HC23 Jan 2025WP/13535/2024

Case brief

AI extract

What is this about?

Writ Petition 13535 of 2024, Bombay High Court, disposed 06.02.2025 (Alok Aradhe, CJ.; Bharati Dangre, J.). Co-operative housing society; tenant ownership flat owners co-operative Housing Society classification; share certificate holders vs premises owners; General Body Meeting dated 30/09/2024; notice dated 15/9/2024; participation and voting rights; provisional committee; I and J register; mandamus against Respondent No.1; petition infructuous as meeting not held; liberty reserved for future cause of action; interim application IA(ST) 2725 of 2025 disposed. No statute or precedent cited; no merits adjudicated.

What did the court decide?

None on merits; Writ Petition disposed of with liberty to pursue available legal remedies if any cause of action arises in future, and Interim Application (ST) No.2725 of 2025 disposed of in consequence.

Vijayay Adyanthaya vs Balasaheb S. Muluk and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner and the 25 premises owners holding share certificates are entitled to participate in and vote at the General Body Meetings of the Society, and whether Respondent No.1 should conduct such meetings, form a provisional committee from the share certificate holders and prepare the I and J register. +1 more

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Ratio / Principle

Since learned counsel for the Petitioner submitted that the General Body Meeting of the Society was not held on 30/09/2024, the cause in the Petition does not survive for consideration.

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Key takeaways

The Writ Petition is disposed of with liberty to the Petitioner to take recourse to such remedy as may be available in law in case any cause of action arises in future.ratio¶37

Detailed headnote1 paragraphs

Bombay High Court (Alok Aradhe, CJ. and Bharati Dangre, J.; order dated 6 February 2025): The Petitioner sought writ of mandamus directing Respondent No.1 to convene and supervise the General Body Meetings of a co-operative Housing Society (described in its bye-laws as a Tenant Ownership flat owners co-operative Housing Society), to permit the 25 premises owners holding share certificates to participate and vote, to form a provisional committee from among them, to prepare the I and J register, and to restrain alteration of the Society's classification without their participation. At the hearing, learned counsel for the Petitioner stated that the General Body Meeting scheduled for 30/09/2024 had not been held. The Court held that in view of this submission the cause in the Petition did not survive for consideration, disposed of the Writ Petition with liberty to the Petitioner to avail such remedy as may be available in law if any cause of action arises in future, and consequently disposed of Interim Application (ST) No.2725 of 2025. No issue on merits was decided.

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(35)WP-13535-2024.doc

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rajshree

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.13535 OF 2024

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ALONGWITH

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INTERIM APPLICATION (ST) NO.2725 OF 2025

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WRIT PETITION NO.13535 OF 2024

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Vijayay Adyanthaya ] .. Petitioner vs. Balasaheb S. Muluk & Ors. ] .. Respondents

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Ms.Rishiha Agarwal i/b Niranjani Shethy for the Petitioner.

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Mr.Pralhad Paranjape i/b Mr.Manish Kelkar for Respondent Nos.1 and 3.

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Ms.Neha Bhide, GP a/w Ms.G.R. Raghuwanshi, AGP for Respondent Nos.2 and 5.

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Mr.Vijay Patil, Senior Advocate i/b Mr.Yogesh Patil, for Respondent No.4.

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Mr.Vishwajeet Sawant i/b Mr.Kalpesh Patil for the Intervenor in IA(ST) No.2725/2025.

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CORAM : ALOK ARADHE, CJ. & BHARATI DANGRE, J. DATE : 06^th FEBRUARY, 2025.

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P.C.

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In this Petition, the Petitioner interalia has prayed for the following reliefs :-

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(35)WP-13535-2024.doc

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“a. That this Hon'ble Court be pleased to issue a Writ of Mandamus or a writ, order, or directions in the nature of Mandamus or any other appropriate writ, order or direction. directing Respondent No.1, by stepping into shoes of the Chairman invite all the Premises owner of the Society to participate in the meeting to be held on 30/9/2024 or any meeting held in future under the stewardship of Respondent No.1;

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b. That Respondent no.1 may be ordered to form a provisional committee by electing three members from the 25 share certificate holders of the society, who are premises owners, in General body meeting to be held on 30/9/2024 under the supervision of Respondent No.1;

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c. That the 25 premises owners who hold share certificate may be allowed to participate in the General body meeting as 'the members of the society, and engage in proceedings of the meeting;

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d. that the Petitioner may be allowed to participate in General body meeting to be held on 30/9/2024 under the supervision of Respondent No.1

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e. Respondent No.1 may be directed to conduct the General Body meeting allowing 'the Premises Owners' to participate in the meeting to be held on 30/9/2024 or meeting held at any time in future, under his stewardship and allow them to vote and elect a managing Committee for the Society;

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f. that Respondent no.1 may be directed to assist and guide the Premises owners to manage their own affairs by forming working committee for the time being by electing members from the 25 share certificate holders of the Society, allowing them to be signatory in the Bank account of the society;

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g. that the Respondent No.1 may be directed to prepare I and J register of the Society, recording names of premises owners listed in Exhibit-B and details of respective flat /unit/ bunglow owned by them;

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h. ad interim order may be passed to the effect, that Respondent No.1, may be desisted and restrained from passing any resolution or moving any agenda in the General Body meeting to be held on 15/9/2024 or any General Body meeting held in future to change the classification of 'the Society', without quorum of the share certificate holders of the society, and also without participation of the rest of the Premises owners, the hon'ble Court may declare that the classification of the Society shall remain Tenant Ownership flat owners co operative Housing Society as stated in the bye law of the Society;

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i. that this Hon'ble Court be pleased to issue a Writ of Mandamus or a writ, or order, or direction in the nature of mandamus to orders as the ad interim relief may be granted by desisting Respondent No.1

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from holding the General Body meeting to be held on 30/9/2024 and staying the same, which is to be held as stated a notice dated 15/9/2024, till such time, Respondent No.a presents the agenda of the General Body meeting appropriate to the essence of the words in order passed by Respondent no.1

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(35)WP-13535-2024.doc

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at Exhibit-O, and till such time, specifically gives details of names and identity of the participants permitted to attend the meeting to be held on 30/9/2024 and also the said list shall includes the Premises owners who hold share certificate of the Society, and shall be allowed to actively participate in the meeting;

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a. for cost of the above Petition.

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b. For such and further order as this hon'ble forum may deem fit”

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The learned counsel for the Petitioner submits that the General Body Meeting of the Society has not been held on 30/09/2024.

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In view of the aforesaid submission, the cause in the Petition does not survive for consideration.

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In view of the above, the Writ Petition is disposed of with the liberty to the Petitioner to take recourse to such remedy as may be available in law to her, in case any cause of action arises in future.

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In view of disposal of Writ Petition, Interim Application also stands disposed of.

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(BHARATI DANGRE, J.)

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(CHIEF JUSTICE)

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Vijayay Adyanthaya v. Balasaheb S. Muluk and Ors.

Case brief

What is this about?

What did the court decide?

Vijayay Adyanthaya v. Balasaheb S. Muluk and Ors.

Case brief

What is this about?

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What the court decided

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