CHOICE DEVELOPERS Vs. PANTNAGAR PEARL CHS LTD

JUDGEMENT

(1.) A redevelopment of a 50 year old dilapidated building of Respondent No.1 Co-operative Housing Society (for short "the Society") and the obstruction for such redevelopment by respondent no. 2 to 4 concerning their four units is the subject matter of the present proceedings, filed under sec. 9 of the Arbitration and Conciliation Act 1996.

(2.) There are 30 members in the Society, out of which, 26 members have already vacated. Respondent no. 2 is a member of the society qua unit no. 1142; respondent no. 3 is also a member who occupies unit no. 1143 and respondent no. 4, in the circumstances as would be a discussed, would now become member qua units no. 1141 and 1150.

(3.) The Society, considering the dangerous condition of the building, in its General Body Meeting held on 29/11/2019 had taken up the issue of the urgent need for the redevelopment of the building. The Society thereafter took steps to find out a suitable developer. An 'Annual General Meeting' was convened on 29/11/2020 wherein by majority of the members it was resolved to appoint petitioner as the developer. Such resolution dtd. 29/11/2020, of the Society is placed on record as Exhibit B. The relevant extract of the resolution reads thus: