UDYOG MANDIR Vs. CONTESSA KNIT WEAR

JUDGEMENT

(1.) Petitioner, Udyog Mandir Premises Co-Operative Society Ltd., is a Co-operative society , registered under the Maharashtra Co-operative Society Act, 1960. On June 11, 1973, opponent No.1, M/s. Contessa Knit Wear, filed , in the Court of small Causes at Bombay, a declaratory suit, being suit No. 771/2858 of 1973, against Opponent No.2 as No.3 as defendant No.2 Mrs. Kenu S. Gurbuxani and Opponent No. 1 was the legal and lawful tenant in respect of Unit 339 of Udyog Mandir Industrial Estate, fully protected under the Bombay -16, and was fully protected under the Bombay Rent Act notwithstanding the fact that it was inducted into the premises under an agreement of leave and licence dated July 23, 1972 for a period of 11 months, before the expire of which the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 was amended by the Maharashtra Act XVIII of 1973 which came into force on February 1, 1973 Opponent No. 1 also prayed for an interim injunction restraining the defendants from disturbing its possession.

(2.) On August 29, 1973 the petitioner-Society, which is governed by its registered bye-laws and allotment regulations at Appendix III to the bye-laws which, inter alia, lays down that no allotted shall surrender or part with possession of the residential or nonresidential premises or any part thereof without the proviso consent in writing of the Society, filed Arbitration Case No. ABN/A/ 1609 of 1973 before the Deputy Registrar, Co-operative Societies, Bombay, against (1) M/s. Weather Works, and (2) M/s. Contessa Knitwear, opponents 1 and 4 in the above revision application . In the statement of claim made by the petitioner-Society before the District Deputy Registrar, Co-operative Societies, Bombay, under Section 91 of the Maharashtra Co-operative Societies Act, 1960, the Society contended that the regulations bound the allotted members of the Society that M/s. Weather Works, which was opponent No. 1 in the said case, was a copartner tenant member of the Society, holding units Nos. 11 and 12 on the ground floor and Unit No. 3 on the 2nd floor of the society's building as a licensee of opponent No. 1 and as such claiming through member opponent No. 1 and tenancy of opponent No. 1 was terminated for breach of Tenancy Regulations and hence the Society was entitled to recover possession from the said opponents.

(3.) Both the suit filed by opponent No.1 and the claim made by the petitioner- Society are pending before the Small Causes Court at Bombay and the Officer on Special Duty respectively. Opponent No. 1 M/s Contessa Knitwear made an application in the suit in the Small Causes Court, on February 6, 1974, for an interim injunction restraining the defendants in the suit and also the petitioners- Society, which was also a party to the said application and which was added by making an application for amendment of the plaint. On that application an injunction was ordered by a Judge of the Small Causes Court on March 25, 1974 restraining the defendants in the suit and also the Society from proceeding with Arbitration Case No. ABN/A/1609 of 1973.