Adv. R. P. Rathod.
emphasis that “It is the duty
of every member to pay dues properly & on time for
ensuring the smooth functioning of the society.” Generally people living in
(Co-operative Housing Society) CHS are well aware
of the fact that they are required
to pay their regular contributions
towards the expenses and expenditure incurred for running the day-to-day
affairs of the society. Remember, a CHS is never
formed for making profits instead it collects and disburses
the contributions from its members towards common facilities and
services enjoyed by its members.
Showing posts with label minority members. Show all posts
Showing posts with label minority members. Show all posts
Societies read this for members not vacating the flats for Re-development of the society building
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO: 707 OF 2010 IN
SUIT (LODGING) NO. 229 OF 2010
M/s. Jasmina Constructions Pvt. Ltd. ...Plaintiffs.
Vs.
Mandapeshwar Kripa Co-operative Housing Society Limited & Ors: Defendants
Mandapeshwar Kripa Co-operative Housing Society Limited & Ors: Defendants
Mr. Rajiv Narula with Mr. Basant
Trilokani i/by M/s. Jhangiani Narula & Associates for the Plaintiffs
Mr. S. U. Kamdar, Sr. Counsel with
Mr. Vinay Deshpande with Ms. Meenakshi Mhapeukar i/by M/s. Shamim & Co. for
Defendant No.
1. Mr. Ajay M. Talreja for Defendant
No. 8
Mr. Deepak S. Jadhav for Defendant
Nos. 2, 3, 4 & 6
Minority Members obstructing Redevelopment
Here I have
published four judgments passed by High Court of Mumbai
in the matter of Minority v/s
majority of members agreeing to the proposal of Redevelopment which are contradictory to each other.
However, the High Court
Judgments dated 11/12/2009 and 28/06/2010 over rule all the earlier
Judgments the High Court has given in September, 2007 and on dated 09/12/2009.
All the four cases are summarized here under:
Demolition of Society Property by sidelining minority members
The Mumbai High Court has
deeply analyzed the legal issues at stake while redeveloping properties
of co-operative housing societies
when there is dissent by a few members.
The stakeholders and persons concerned in such cases should include the
society, the developer, minority members, consultants, and municipal
authorities.
There have been sharp reactions from such quarters. It is unfortunate that a well-worded and analyzed decision of the court has given rise to apprehensions. In my view, these are unfounded.