MODERN INDIA LTD. Vs. BELVEDERE COURT CONDOMINIUM

JUDGEMENT

(1.) The plaintiff has challenged the resolution passed by defendant No.1 in the Special General Meeting held on 23.09.2012 and 23.03.2013 and sought an injunction against the defendants from acting upon those resolutions. The plaintiff also seeks restraint upon levy of charges, fees, contributions and non occupancy charges sought from the plaintiff. The Notice of Motion is for the relief of injunction against similar acts. The defendants have essentially opposed the grant of injunction from acting upon the resolution which came to be passed in the meeting held on 23.03.2013. The plaintiff's legal right in respect of the reliefs claimed would have to be considered.

(2.) The plaintiff developed the suit property and put up construction of a building consisting of Ground + 39 upper floors comprising 78 apartment. The plaintiff has sold 71 apartments under individual deeds of apartments and retained 7 apartments which the plaintiff desires to sell. The plaintiff formed a condominium under Maharashtra Apartments Ownership Act, 1970 and submitted a declaration submitting the same to the provisions of the Act under Section 2 thereof. The declaration specifies inter alia that the administration of the condominium in accordance with Byelaws annexed thereto.

(3.) Clauses 5 & 6 of the Byelaws relate to members and new members of defendant No.1 association, the relevant parts of which run thus: