HITESH ENTERPRISES Vs. PRATAPSINGH RAMRAO KHANVILKAR

JUDGEMENT

(1.) THE plaintiff is the developer of the property of defendant No.2 society. Defendant No.1 is one of the 36 members of defendant No.2 society. Defendant No.2 society was to be redeveloped. The members of the society attended various meetings and resolved to redevelop their property. Defendant No.1 has attended all of these meetings. He is the owner of flat No. C 26 in the building of the society.

(2.) THE initial meeting on 23.09.2006 resolved for a new tower to be constructed and proposals of various builders to be obtained for the construction. The meeting of 24.03.2007 appointed 8 members on a committee for the redevelopment of the tower. The meeting of 12.04.2008 considered the corpus fund, additional area and amenities. The meeting on 21.11.2009 considered the 7 proposals which were received. These proposals were given to the members for study and search. The selection was to be decided by secret voting. The meeting on 12.12.2009 was for selecting the builder/developer upon the proposals received and opened on 21.11.2009. The developers were shortlisted. The voting was held by secret ballot. The plaintiff was approved to be the redeveloper.

(3.) THE redevelopment agreement came to be executed by the society and the plaintiff. It came to be confirmed by all the members including defendant No.1. On 07.04.2011 the finalization of allotment of flats came to be done. Defendant No.1 was alloted flat No.804. This agreement was confirmed by 30 out 36 members including defendant No.1. A supplemental agreement came to be executed later by the other members who accepted the same terms. Consequently 100% of the members of the society of defendant No.2 including defendant No.1 having accepted the terms of the agreement with the plaintiff.