Dismissed

Bipin Harilal Gami v. New Siddharth Apartment Owners Association

Gujarat HC1 Aug 2019SCA/10506/2019

Case brief

AI extract

What is this about?

Jurisdiction under Article 226 was declined regarding a petition demanding the association decide on heirship and quash recovery of transfer fees, as the entity is governed by a repealed Act; the court directed the petitioner to seek alternate remedies.

What did the court decide?

Direction to pursue alternate remedy available under the provisions of law; Direct service permitted.

Bipin Harilal Gami Vs New Siddharth Apartment Owners… — Property and Title | Gujarat HC (2019)

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C/SCA/10506/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 10506 of 2019

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================================================================ BIPIN HARILAL GAMI

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Versus

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NEW SIDDHARTH APARTMENT OWNERS ASSOCIATION

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================================================================

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Appearance:

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MR YUSUFKHAN PATHAN(3799) for the Petitioner(s) No. 1 AMBRISH V JANI(8674) for the Respondent(s) No. 1,2,3 MR CHIRAG H PAREKH(5249) for the Respondent(s) No. 1,2,3

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================================================================

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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

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Date : 01/08/2019

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ORAL ORDER

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This petition under Article 226 of the Constitution of India is filed for issuance of writ of mandamus directing the respondent Association to decide the application / representation dated 01.06.2019 to treat the petitioner as heir of his deceased elder brother by virtue of the Gift Deed executed in his favour, which is a registered Gift Deed No.5748 dated 01.07.2009 registered with the Sub-Registrar, Ahmedabad. It is also prayed that decision of the respondent Association to recover Rs.50,000/= towards transfer fee with interest @ 12% may also be quashed and set aside.

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At the outset, it is observed herein that notice was issued merely to find out an amicable solution and to save the petitioner from further litigation. Upon the notice being served, learned Advocate Mr. Chirag H. Parekh has filed appearance for the respondents and submitted that though attempts have made for finding a solution and therefore, the Society, without prejudice to their rights and contentions, had agreed to waive of the penalty and other charges

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Page 1 of 2

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C/SCA/10506/2019 ORDER

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but have continued to demand the transfer fee. It is submitted that no further concession could be offered as the same would otherwise apply to all the members of the Society.

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Learned Advocate for the petitioner persisted for hearing of the matter and to issue a writ in the present case. However, the fact is that the respondent society is not a Society nor it appears from the record to be a registered Co-operative Society but as submitted appears to be a registered Association under the Bombay nontrading Association Act. As the said Act is now repealed, as a necessary consequence, in view of the disputed question which arises in this petition, this Court is not inclined to exercise jurisdiction under Article 226 of the Constitution of India and the petitioner is now relegated to the alternate remedy that may be available under the provisions of law and to ventilate his grievances and to challenge the decision of the Society.

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With the aforesaid direction, this petition stands disposed of. Direct Service is permitted.

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Sd/- (A.Y. KOGJE, J)

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CAROLINE

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Page 2 of 2

Bipin Harilal Gami v. New Siddharth Apartment Owners Association

Case brief

What is this about?

What did the court decide?

Bipin Harilal Gami v. New Siddharth Apartment Owners Association

Case brief

What is this about?

What did the court decide?

What the court decided

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