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2017 Supreme(Bom) 1048

S.J.KATHAWALLA
Vikram Delite Co-operative Housing Society Ltd. – Appellant
Versus
Meenakshi Chandrakant Shah – Respondent


Advocates Appeared:
For the Plaintiff :Mr. D.D. Madon, Senior Advocate, along with Mr. Aditya Shiralkar, instructed by Mr. R.R. Mishra,
For the Defendant Ms. Indrayani M. Koparkar, Mr. G. Shah, instructed by M/s. Kanga & Co., Mr. Prantik Majumdar, instructed by Mr. A.C.Sarkate, Ms. Meenakshi C. Shah, Ms. Bijal Shah, Mr. Mehul Shah,

JUDGMENT:

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 S





















































































































































































































































































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