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2012 Supreme(Del) 2005

KAILASH GAMBHIR
BRIG. B. C. RANA(RETD. ) – Appellant
Versus
SEEMA KATOCH – Respondent


Advocates Appeared:
Ms. Jyotika Kalra with Ms Annwesha Deb, Ms. Kanchan Bala, Advs.
Mr. Puneet Taneja with Mr. Amrit Anand, Advocates

Judgment

1. This order shall dispose of the application filed by the defendant nos. 1, 2, 4 and 6 under Order 7 Rule 11 r/w Section 151 CPC to seek rejection of the plaint.

2. Before I proceed to deal with the genesis of the present application, it would be necessary to give a brief narration of the relevant facts of the present case.

3. The plaintiff is an ex-army officer and a senior citizen belonging to the family of freedom fighters. He became a member of Himachal Pradesh Co-operative Group Housing Society Limited in 1995-96 (herein after called the society). All the defendants are also the members of the society. After having become a member and resident of the said Society, the plaintiff found that the members of the Society had serious objections with regard to the poor quality of construction of the building of the society, late payment of the ground rent and other issues. The plaintiff and the other members of the Society also found that there was an unholy nexus between the management of the Society, consultant and the contractor. They found the hard earned money of the members of the Society being misused by the management committee of the society to benefit the contracto










































































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