B. Y. Chavan vs Association of Tenants of the Bombay Catholic Housing Society

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 Supreme(Bom) 543

S.J.VAZIFDAR
B. Y. Chavan – Appellant
Versus
Association of Tenants of the Bombay Catholic Housing Society – Respondent

Advocates Appeared:
For the Plaintiffs:Iqbal Chagla, Senior Counsel with F.E. DeVitre, Senior Counsel, Jimmy Avasia, J.P. Sen and Mustafa Doctor i/b Dastur Dadhich & Kalambi, Advocates.
For the Defendants:Vijay Thorat, Senior Counsel with Chetan Kapadia, Ivor Peter D’Cruz, and A. Lokhandwala i/b Lokhandwala & Co., J.M. D’Silva, E.P. Bharucha, Senior Counsel with Farhan Dubash i/b Hetal Patel, Dinyar Madon, Senior Counsel with Robin Jaisinghani and Aditya Thakkar i/b Khare Legal Chambers, S.R. Page, Robin Jaisinghani i/b R.K. Bobde, S.U. Kamdar, Senior Counsel with Vineet Naik, Mr.C.D. Mehta, Mr.B.C. Mehta and Mr.Lalan Gupte i/b Dhruve Liladhar & Co., Rafiq Dada, Senior Counsel with Prasad Dhakephalkar, Dr. Birendra Saraf and Ms. Tanmayi Gadre i/b Kishore Thakordas, Kumul Taly with Rakesh Misar i/b S. Mohamedbhai & Co., Advocates.

Judgment :

1. The preliminary issues were raised on 15th April, 2011. I rejected the preliminary issues before proceeding to hear the parties on the merits of the matter. I heard the parties on merits from 20th April, 2011. However, both the parties stated that they had no objection to my dealing with the preliminary objections and the Notice of Motion by a common order and judgment.

2. The following preliminary issues have been framed:-

ISSUES

I) Whether the suit is maintainable in the absence of a notice under section 164 of the Maharashtra Cooperative Societies Act, 1960?

II). Whether this Court has no jurisdiction to entertain this suit in view of sections 91 and 163 of the Maharashtra Co-operative Societies Act, 1960?

RE. : SECTION 164 :

3. Defendant No.71 is the Bombay Catholic Co-operative Housing Society Limited (hereafter referred to as “the society”). Defendant No.2 to 70 are tenants, tenant-members and members of the society or occupants on the property of the society. Defendant No. 1 is an unregistered association of the tenant-members. Defendant No.72 and 73 are M/s. Sumer Associates and Robin Home Developers Pvt. Ltd., who claim to have purchased a part of the prop

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2011 Supreme(Bom) 543

S.J.VAZIFDARB. Y. Chavan – AppellantVersusAssociation of Tenants of the Bombay Catholic Housing Society – Respondent

Cases Referred (1)

S.J.VAZIFDAR
B. Y. Chavan – Appellant
Versus
Association of Tenants of the Bombay Catholic Housing Society – Respondent