SOUTH CITY APARTMENT OWNERS ASSOCIATION Vs. SIDDHARTHA MITRA

JUDGEMENT

(1.) This order will govern the disposal of MAT 711 of 2020 and MAT 717 of 2020 as similar issue is involved in both the appeals between the same parties.

(2.) In MAT 711 of 2020, order of the learned Single Judge dtd. 8/10/2020 is under challenge whereby learned Single Judge in respect of the election of respondent housing complex namely, South City has held that the voting in electing Members of the Board in Annual General Meeting shall be by show of hands and not by hybrid mode i.e. both by manual and electronic voting. In MAT 717 of 2020, order of the learned single Judge dtd. 7/8/2020 is under challenge at the instance of the South City Apartment Owners' Association whereby learned Single Judge has not accepted the prayer to hold the AGM on virtual platform.

(3.) Having heard the learned Counsel for the parties and on perusal of the record, it is noticed that the main dispute in these appeals is in respect of holding of meeting and conduct of election of Board of Managers of South City Apartment Owners' Association by secret ballot or by hybrid mode i.e. secret ballot by the persons physically present as also online voting.