ELITA PROMENADE APARTMENT OWNERS, KOTHANU VILLAGE, PUTTENAHALLI, BANGALORE Vs. KEPPEL PURVANKARA DEVELOPMENT PRIVATE LIMITEE ULSOOR ROAD, BANGALORE AND ANOTHER

JUDGEMENT

(1.) The petitioners have called into question the order dated 14-6-2016 passed by the Court of the City Civil Judge (CCH-3) on I. A. No. 7 in O.S. No. 8192 of 2011. The matter pertains to the formation and constitution of the Association of Apartment Owners. By the impugned order, the Trial Court turned down the petitioners' request for the review of the order dated 16-6-2014 made on the clarification sought by the Receiver.

(2.) Sri Mento Issac, the learned Counsel for the petitioners submits that there can be no formation of the owners' interim association as per the Karnataka Apartment Ownership Act, 1972 and the Rules framed thereunder, namely, Karnataka Apartment Ownership Rules, 1975.

(3.) He submits that the tenants cannot be given the voting rights, unless the owners give their consent. He submits that the preparation of the defaulters' list is unilateral. The respondents are not even sharing the books of accounts with the owners of the apartments. Hence, on the alleged ground of default, the owners cannot be deprived of the voting rights. He submits that the Karnataka Apartment Ownership Rules, 1975 do not deal with the defaulters' issue at all.