MUKUNDAKAM SHARMA, CJ.

( 1 ) CM No. 16022/2007 (exemption)Allowed, subject to just exceptions. FAO (OS) No. 466/2007 and CM No. 16023/2007 (delay)The present appeal is directed against the order dated 20th september, 2007 disposing of the application being CM No. 8134/2006 filed by the appellant/plaintiff under Order XXXIX Rules 1 and 2 of the Code of civil Procedure, 1908.

( 2 ) THE learned Single Judge has extensively dealt with the provisions of the Delhi Apartments Ownership Act, 1986 and has passed an injunction order in favour of the appellant/plaintiff and its members holding that they need not avail the maintenance service from the respondent/defendant No. 1 - M/s Star Estate Management Limited.

( 3 ) AT the same time, the learned Single Judge was aware that all apartment owners in the building complex known as Dhawan Deep Building are not members of the appellant/plaintiff association as is admitted by the appellant/plaintiff in its pleading. In these circumstances, it has been observed that the apartment owners, who are not members of the appellant/plaintiff association, and who want to voluntarily receive maintenance services from respondent /defendant No. 1 would be