SHAILAJA S. GODBOLE Vs. DISHA CONSTRUCTIONS

JUDGEMENT

(1.) These Appeals arise from a judgment of the Learned Single Judge dated 16 September 2013 in a Motion that was taken out by the First Respondent in a suit seeking enforcement of a redevelopment agreement. An overwhelming majority of the existing members of the co-operative society having acted in fulfillment of the agreement between the society and the developer and having vacated their premises to facilitate redevelopment, the Learned Single Judge issued the impugned directions in the suit of the developer. These directions are intended to ensure that the non-consenting members of the society (14 Appellants in the first appeal and 11 in the second ) do not obstruct the process of redevelopment. For convenience of reference the directions of the Learned Single Judge in the Motion are extracted herein below :

(2.) On 22 September 2009 the Twenty-eighth Defendant ( a co-operative housing society registered under the Maharashtra Co-operative Societies Act 1960) issued a tender inviting offers from developers for redevelopment of the property, representing that : (i) the area of the plot as reflected in the property register card was 5474 sq. mtrs. and (ii) the buildings of the society contained 26 flats each with a carpet area of 280 sq. ft. and 94 flats each with a carpet area of 220 sq.ft; the aggregate carpet area of the units comprised in the building being 27,960 sq. ft.. The co-operative society sought for its members an additional carpet area of 180 sq. ft. (free of costs). Intending bidders were called upon to submit their bids for other commercial terms.

(3.) On 9 October 2009 the Plaintiff who is the First Respondent to these Appeals submitted a bid on the basis that the plot area was 5474 sq. mtrs. On 6 June 2010 a Special General Body Meeting (SGBM) of the society was held to discuss the offers of three shortlisted developers. Prior to the meeting the society had circulated the names of the shortlisted developers and in response to a request of the society, ninety members had indicated the name of the Plaintiff as a developer of their choice. At the SGBM, the majority of the members present and voting recommended the acceptance of the offer of the Plaintiff. On 27 June 2010 at a further SGBM 100 members representing 103 flats were present and unanimously agreed to appoint the Plaintiff as developer for carrying out redevelopment. Nearly 20 of the Defendants were present at the meeting. On 6 July 2010 the Deputy Registrar, 'K' ward certified the appointment of the Plaintiff as developer in terms of the Government Resolution dated 3 January 2009 following which a letter of intent was issued to the Plaintiff on 18 July 2010 by the co-operative society. At an SGBM which was held on 6 February 2011, a draft of the development agreement was discussed and approved. Several of the Defendants were present in the meeting.