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2022 Supreme(Bom) 679

G.S.KULKARNI
Choice Developers – Appellant
Versus
Pantnagar Pearl CHS Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajiv Singh a/w. Omprakash Jha, Basu, Gaurav
For the Respondent: Mr. Siddharth a/w. Garima Mehrotra, Mr. A.M. Saraogi, Mr. S.L. Mhatre, adv.

ORDER :

1. A redevelopment of a 50 year old dilapidated building of Respondent No.1 Co-operative Housing Society (for short “the Society”) and the obstruction for such redevelopment by respondent no. 2 to 4 concerning their four units is the subject matter of the present proceedings, filed under section 9 of the Arbitration and Conciliation Act 1996.

2. There are 30 members in the Society, out of which, 26 members have already vacated. Respondent no. 2 is a member of the society qua unit no. 1142; respondent no. 3 is also a member who occupies unit no. 1143 and respondent no. 4, in the circumstances as would be a discussed, would now become member qua units no. 1141 and 1150.

3. The Society, considering the dangerous condition of the building, in its General Body Meeting held on 29 November, 2019 had taken up the issue of the urgent need for the redevelopment of the building. The Society thereafter took steps to find out a suitable developer. An ‘Annual General Meeting’ was convened on 29 November, 2020 wherein by majority of the members it was resolved to appoint petitioner as the developer. Such resolution dated 29 November 2020, of the Society is placed on record as Exhibit B. The

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