LAWS(KAR)-2019-11-226

VDB CELADON APARTMENT OWNERS ASSOCIATION Vs. PRAVEEN PRAKASH

Decided On November 06, 2019
Vdb Celadon Apartment Owners Association Appellant
V/S
PRAVEEN PRAKASH Respondents

JUDGEMENT

(1.) The appellant is a Society registered under the Karnataka Societies Registration Act, 1960 (for short, the said Act of 1960). By the impugned order passed in a petition filed by the first to seventh respondents, the learned Single Judge has proceeded to cancel the registration of the appellant Society under the provisions of the said Act of 1960.

(2.) It is the case of the appellant that M/s Value Design Private Limited, a builder and developer, constructed the apartment complex consisting of six blocks having 196 flats. The complex has various facilities such as swimming pool, club house, gymnasium, indoor game halls, parking space, walking track, etc. The case of the appellant is that no steps have been taken to form an Association of apartment owners by the developer under the provisions of the Karnataka Apartments Ownership Act, 1972 (for short, the said Act of 1972).

(3.) The case made out by the appellant is that in terms of the said Act of 1972, deeds of declaration by the owners were prepared. However, an Association of apartment owners as contemplated by the said Act of 1972 was not registered and therefore, a majority of the apartment owners came together and formed the appellant Association in order to maintain the residential complex and to give services to the owners of the apartments.