Gujarat High Court Case Information System
Print
SCA/8564/2008 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8564 of 2008
=========================================================
SHREE
DRIVE IN PARK APARTMENTS CO OP HOUSING SOC LTD II - Petitioner(s)
Versus
GUJARAT
STATE CO OP TRIBUNAL AHMEDABAD & 6 - Respondent(s)
=========================================================
Appearance
:
MR
JB PARDIWALA for
Petitioner(s) : 1,
MR KL PANDYA, AGP for Respondent(s) : 1,
NOTICE
SERVED BY DS for Respondent(s) : 1 - 2.
MR PRAKASH K JANI for
Respondent(s) : 3 -
7.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 18/09/2008
ORAL
ORDER
The
petitioner, by this petition, has challenged the order passed by the
Tribunal below Ex. 20 dated 17.5.2008 in Appeal No.81 of 2007,
whereby the contempt has been dismissed.
Heard
Mr.Pardiwala, learned Counsel for the petitioner and Mr.Jani,
learned Counsel for the respondents No.3 to 7.
As
the appeal is at large pending before the Tribunal and the matter
relates to interim arrangements until the Tribunal finally decides
the matter, after suggestions and counter suggestions, the learned
Counsel appearing for both the sides, under the instructions of
their respective clients have agreed for the following
arrangements:-
(a) The
petitioner society namely; Shree Drive-in Park Apartments
Cooperative Housing Society Limited ? II as well as the Society
represented through respondents No.3 to 7 namely; Shree Drive-in
Park Apartments Cooperative Housing Society Limited ? III, both
shall nominate four members from amongst the members of the
Societies to function as the members of the Committee to look after
common garden (including club-house etc.), which is the subject
matter of the present petition.
(b) The
aforesaid Committee shall be constituted of the aforesaid total
eight members, four on behalf of the petitioner Society and four on
behalf of another Society of Division ? III, who shall take
decision by majority as and when such contingency arises.
(c) Such
committee shall look after the maintenance, preservation and use the
common garden (including club-house) as common facility etc., for
all the four divisions of the original Society namely; Shree
Drive-in Park Apartments Cooperative Housing Society Limited
Division ? I; Division ? II; Division ? III and Raw Houses
(which is Division ? IV).
(d) The
Committee shall permit use of the garden (including club-house) as
common facility for all the members of all the aforesaid four
Societies.
(e) The
Committee shall function by opening a separate Bank Account for
collection of funds, for incurring expenses, etc., and it will have
all incidental power to make use as common facility.
(f) The
aforesaid arrangement shall continue until the Tribunal decides the
appeal finally after hearing both the sides and for further period
of 15 days from the date of the decision.
(g) The
aforesaid nomination shall be made by the aforesaid respective
Societies so as to constitute the Committee within one week and the
first meeting of such Committee shall be held within one week
thereafter.
(h) It
is specifically observed that in the nomination of such members,
Mr.Vijay J. Joshi and Mr.Hari V. Bhavsar as well as respondents No.3
to 7 shall not be included and the nominated members shall be other
than those members.
(i) The
Tribunal may be directed to decide the appeal as early as possible.
In
view of the aforesaid interim arrangement, if the common garden
(including club-house) is used for as common facility by all the
members, no prejudice will be caused to either side and it would
maintain the cordial atmosphere for the better enjoyment of the
facility. Therefore, keeping in view the facts and circumstances,
it is also directed that the parties to the proceedings shall abide
by the declaration made before this Court and recorded hereinabove.
The Tribunal shall make an attempt to dispose of the appeal as early
as possible, preferably within a period of three months from the
date of receipt of the order of this Court.
Until
the aforesaid Committee is constituted and takes over the
management, the ad-interim relief granted earlier, shall continue to
remain in operation.
The
learned Counsel appearing for both the sides have agreed that the
complaints, if any, by their respective clients, including the
contempt proceedings before the Tribunal, shall be withdrawn by
their respective clients.
It
is clarified that the Tribunal shall decide the matter independently
on the basis of the material available before it, without being, in
any manner, influenced by the present order or the understanding
arrived at between both the sides, without prejudice to the rights
and contentions in the appeal.
The
petition is disposed of accordingly. Liberty to apply in case of
difficulty.
18.9.2008 (Jayant
Patel, J.)
vinod
Top