1. The Plaintiff, Vikram Delite Co-operative Housing Society Limited, is a co-operative housing society registered under the Maharashtra Co-operative Societies Act, 1960. The Plaintiff has 66 Members. By a Resolution passed at the Special General Body Meeting of the Society held on 27th February, 2014, the Plaintiff decided to redevelop its existing building consisting of Wings A, B, C and D at Ghatkopar. As of date, 62 of the 66 Members are co-operating with the Plaintiff in its redevelopment process. These co-operating members have either vacated their respective flats or agreed to vacate them for demolition. Defendant Nos. 1 to 4 are the non-co-operative members, who, according to the Plaintiff, are creating hindrances in the redevelopment project by refusing to hand over possession of their flats, viz. Flats A/002, A/102, A/101 and A/302 respectively to the Plaintiff. This is holding up the entire redevelopment process. Under these circumstances, the Plaintiff has filed the present Suit and has also taken out the above Notice of Motion seeking interim reliefs. At the time of filing of the Suit, six Members were opposing the redevelopment. However, after filing of the Suit, Defendant Nos. 5 and 6 arrived at a settlement with the Plaintiff and Defendant No.7 and filed Consent Terms dated 6th /8th June 2016.

2. By the above Notice of Motion, the Plaintiff is seeking mandatory orders only against Defendant Nos. 1 to 4, directing Defendant Nos. 1 to 4 to vacate and remove themselves from their respective Flats in the Plaintiff's Building and to make the Building available for the purpose of demolition and redevelopment.

3. The facts, which according to the Plaintiff Society have led them to file the present Suit, in brief, are set out hereunder:

3.1 The Plaintiff Society was part of Delite Cooperative Housing Society Limited which was registered under the provisions of the Maharashtra Co-operative Societies Act 1960 under Registration No. BOM/HSG/1956 of 1969 consisting of 170 Members residing in 8 Wings of two Buildings, being Wings A, B, C, D (one building) and E, F, G and H (second building), in all having 142 flats and 28 shops therein (herein after referred to as the ‘Original Society’).

3.2 Since the said Original Society was a huge Society, it was very difficult to manage and administer the same under one Managing Committee. The Members of the said Delite Cooperative Housing Society Limited therefore decided to bifurcate and divide the said Society into two Societies. Accordingly, at a Special General Body Meeting of the Original Society, held on 28th July 2013, the Members unanimously passed a Resolution to divide the said Original Society into two separate and distinct Societies.

3.3 Pursuant to the said Resolution dated 28th July 2013, the Original Society made an application to the Deputy Registrar, Cooperative Societies, ‘N’ Ward, Konkan Bhavan, Belapur, Navi Mumbai, seeking division of the Original Society into two Societies viz., (i) Delite Cooperative Housing Society Limited (‘Delite CHS’) consisting of Wings E, F, G and H of one building having 104 Members; and (ii) Vikram Delite Co-operative Housing Society Limited i.e. the Plaintiff herein, consisting of Wings A, B, C and D of another building having 66 Members. The Deputy Registrar, Cooperative Societies, ‘N’ Ward, Konkan Bhavan, Belapur, Navi Mumbai, passed an Order on 28th January 2014 bearing No.MUM/NV/B-2/Delite Housing/Vibhajan/158/2014 sanctioning the division of the said Original Society into two.

3.4 Sometime in or around 2014, the majority of the Members of the Plaintiff-Society, including Defendants Nos. 1 to 4, gave a requisition to the Society to call for a Special General Body Meeting at the earliest with the agenda to take up the matter of redevelopment of the various Wings in its Building.

3.5 Thereafter, on 27th February 2014, the Plaintiff in its Special General Body Meeting unanimously passed a resolution to proceed with the redevelopment