SANJAY GUPTA Vs. REGISTRAR COOPERATIVE SOCIETIES

JUDGEMENT

(1.) The Mount Everest Cooperative Group Housing Society Limited has a chequered history with large number of inter se litigations between members, members and society, inquiries into the financial affairs and allegations of money being siphoned off. There are stated to be proceedings pending in respect of various aspects but in so far as these writ petitions are concerned, the controversy is limited to the allotment of flats to members.

(2.) We may note that there were 120 members and 120 flats were constructed, but, in respect of 40 flats, two flats each have been conjointed making them into 20 four bed room flats instead of the original 40 two bed room flats each. The result is that there are 40 two bed room flats, 40 three bed room flats and 20 flats of 4 bed rooms (which have been made by conjoining of the two bed room flats each).

(3.) There has been subsequent scrutiny of membership by the Administrator, objections to the reports of the Administrator, reconsideration by the Administrator and the final report of the Administrator was placed before the Registrar, Cooperative Societies as per directions issued by this Court to facilitate scrutiny. The result of all the scrutiny is that there is now a final list of 132 members. We may note that it is alleged that there are four other members who have however either partly or wholly taken back refund and have not been found to be eligible to be included in the list nor is any litigation initiated by them pending. The result of this is that it is these 132 members who have to be allotted flats.