HIMGIRI FLAT OWNERS ASSOCIATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) When the matter is taken up for hearing today, Mr.C.C.Modi, Secretary of Himavan Association is present.

(2.) Learned advocate Mr.Vishal Mehta appearing for the respondent Nos.3 and 4 has submitted that after the order, which was passed by this Court on 23/12/2002, a meeting was convened by the respondent No.3 on 30/12/2002. He has submitted that in that meeting, respondent No.2-Registrar, Non-trading Corporation (NTC) was also represented. He has submitted that during the passage of 20 years, the members of Himgiri Association, who were also present in that meeting, are managing the affairs of the flats. It is submitted that all the affairs of the flats including selling, are also managed by the petitioner-Association.

(3.) Learned advocate Mr.Shah appearing for the petitioner-Association has asserted that the respondent No.3 has not supplied any documents to the them and hence, in want of necessary documents, they are unable to register themselves. It is submitted that the respondent No.2-Registrar NTC may accordingly be directed to take action against the respondent No.3 so that the petitioner-Association can get themselves registered. It is submitted that because of non- registration of the Association, they are unable to undertake necessary exercise for selling the flats and they cannot open bank account and title of the land is also influx. It is submitted that the share certificate and Members' Register is also lying with the respondent No.3.