DRAFT MINUTES OF SPECIAL GENERAL BODY MEETING

HELD ON 12.05.2024 AT 10:30 A. M. AT CLUB HOUSE.

The meeting was scheduled to start at 10:00 A. M. Due to lack of quorum, the Chairman waited
for 30 minutes for more members to join. Chairman started at 10:30 A. M.

Mr. Vasant Gori, the Chairman, welcomed all the members of the Society and presided over the
Meeting.

ITEM NO. 1 OF AGENDA: -

To approve the minutes of the meeting of the Special General Body Meeting held on 11th
February’2024 & final draft of the minutes circulated 18th February’2024.

This was approved by Mr. V K Iyer from C4-1505 and seconded by Mr. Tushar Patil from B3-504

ITEM NO. 2 OF AGENDA: -

To discuss & finally conclude the new C/3 & C/4 lift installation on going issue & approve
the further course of action.

Secretary Mr. Hemant Shah provided the detailed explanation of:

1) Activities undertaken by the existing committee along with the sub-committee for the
building amendment plan by the builder. After numerous follow-ups and requests, the
builder met the committee and agreed to assist provided he was in receipt of an NOC
provided by the 255 society flat owners.
2) To understand the repercussions of providing such an NOC, the current MC investigated
further to find the below facts:
a) Ex-MC had raised a complaint against the builder on 28-Dec-2019 for not processing
OC.
b) The ex-MC escalated the matter via letter dated 31-Jan-20 to stop the ongoing work for
C5.
c) Follow-up complaint to MCGM commissioner on 23-Jul-20 to stop any CC renewal,
revalidation unless builder processes the pending OC application.
d) Response from MCGM citing that CC won’t be revalidated unless the builder processes
the OC for the B3, C3 & C4 wings.

Had the above facts been disclosed to the committee & sub-committee during the previous
SGM, then the efforts and time could have been channelized better to work on the lift
installation rather than setting up meetings with the builder which was a lost cause.

Treasurer, Mr. Viral Turakhia addressed the quorum to provide the updates of their
meeting with MCGM Assistant commissioner & plan department on 27-Mar-24 at their
Vikhroli office.

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 The key takeaways from the meeting were:

1) Without the renewed / Valid CC, NO new installation was permissible for both C3 and C4.
Replacement of lifts was the only viable option under the given circumstances.
2) The Society should not provide any NOC to the builder as he was already under obligation to
complete the OC based on MCGM response of 2021.
3) Re-initiate the proceedings of the pending legal cases and pressurize the builder for OC.

Hence, suggested that the only available option was to replace 1 existing lift of C3 and
C4 each to minimize the losses.

Subsequently, the forum was opened to the members for their queries and suggestions.

Name & Flat-No Quer Responded By Response Provided

y
Mr. Hemant Deo Treasurer
Mr. Deo enquired why the ongoing Treasurer Mr. Viral Turakhia responded that once the current Management
work of C3 was stopped Committee realized that the CC was not revalidated post 2019, they decided
to hold off the ongoing work for C3 to avoid legal implications
Considering the current Treasurer responded that the MC had all the pre-requisites completed
circumstances, Mr. Deo urged to including negotiations with Kone and the replacement work could be
initiate and complete the commenced once majority was sought in the SGM
replacement of the lifts before
arrival of monsoon
Mr. Deo also requested the MC to Treasurer assured that it was being considered on priority with appropriate
prioritize the OC processing. legal consultation. The ex-MC had already sought approval for the legal
expenses for this case and the same will be utilized for pursuing the case.
Mr. Deo enquired about the In response to this query, the Treasurer mentioned that post SGM approval,
timeline for replacement additional funds could be released to Kone, and we can expedite the work to
be completed within a timeline of 2 months.
He highlighted that Society members should be cognizant of the
operational issues that would result during the lift replacement as only
ONE lift would work in both the wings.

Name & Flat-No Query Responded By Response Provided

Mr. Suhit Mange Treasurer
C4-1405
Mr. Suhit enquired if additional funds would have to be Treasurer Mr. Viral Turakhia confirmed that
collected from the members for disbursement to Kone NO additional funds would be recovered, and
it would be covered from the ongoing
maintenance & repair funds collections
He further added that Kone would ensure the
PWD compliance of the new lifts
Mr. Suhit asked MC to ensure that the ducts created for the Treasurer confirmed that permanent blocks
new lifts should be properly covered to avoid any accidents will be used to ensure that all the ducts are

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or mishaps secured

Name & Flat-No Query Responded By Response Provided

Mrs. Hema Barapatre Treasurer
C4-901
Mrs. Barapatre raised a concern that the funds collected Treasurer asked Mrs. Barapatre to not
were for a new lift but due to lack of due diligence by the consider it as loss as a replacement was
ex-MC, the members had to settle for a replacement being made available.
thereby incurring a loss.
She added that legal action should be initiated against Treasurer tried reasoning that initiating
the ex-MC for failing to conduct due diligence prior to the legal action would not help but would only
lift installation causing inconvenience and financial loss. deter and delay the further course of
She also suggested that the ex-MC should at least action.
provide an apology letter for their error.

Name & Flat-No Query Responded By Response Provided

Mrs. Madhavi Milind Naik Treasurer
C3-1404
Mrs. Naik requested that since C3 lift was being replaced, Treasurer assured that this will be
could Kone evaluate if the lift can stop on the 14th floor discussed with Kone for consideration

Name & Flat-No Comments

Mr. Sethumadhavan Mr. Sethumadhavan highlighted that there was NO need to replace the
C3-1401 C4 lift but the Society was forced to due to lack of due diligence by the
earlier MC.

Name & Flat-No Query Responded By Response Provided

Mr. V K Iyer Mr Iyer requested the MC Treasurer Treasurer responded
C4-1505 to explore with Kone if stating that since the old
they can assist in getting lifts do not have the
the PWD compliance necessary papers, it
completed for the existing would be extremely
lifts in addition to the new unlikely to getting it
lifts done. However, they will
still check with Kone for
the feasibility.
Mr. Iyer also requested Mr. Kaushik Doshi Mr. Kaushik responded
that considering the that replacement is
existing longevity of the taken care under AMC
C4 lift, Kone should be hence it would not help
asked to evaluate if only the purpose.
critical parts can be
replaced
Mr. Iyer reiterated that the ex-MC should have been transparent in their
communications and informed all the relevant details should have been

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 provided to the sub-committee and current MC, preventing loss of time and
effort. He added that no acknowledgment or intent of taking responsibility
by ex-MC is unacceptable, but the Society was now left with no other option.

He emphasized that both ex-MC and current MC be open and transparent

about all communications for the benefit of the Society,

Member majority vote was sought to approve the lift replacements in both the wings with
the below understanding: -

1. Approval for selling the Olympus Lift installed in C/3 wing which as per audit completed
by Kone is termed as obsolete & needs to be replaced immediately. The initial discussion
with Scrap dealer, the maximum price that can be fetched for this asset is in the range of
Rs.2,25,000-2,50,000. We management committee will pursue with multiple vendors to
have a fair & just value but seek approval from the members to allow the sale for the
minimum value of Rs.2,50,000 (Two Lakhs fifty thousand).

2. Approval for selling the Kone Lift installed in C/4 wing to replace with the new lift. This
call will be taken in consultation with Kone by reviewing the lift audit report for the
existing installed ones & the one which has wither-out more or depleted will be
replaced . The initial discussion with Scrap dealer, the maximum price that can be fetched
for this asset is in the range of Rs.2,50,000-3,00,000. We management committee will
pursue with multiple vendors to have a fair & just value but seek approval from the
members to allow the sale for the minimum value of Rs.2,50,000 (Two Lakhs fifty
thousand).

Member majority vote is requested for approval of the lift replacements in both the wings
(C3 & C4) and allow a, additional fund disbursal of maximum Rs.10 Lakhs (Ten Lakhs Only)
to Kone which will be exclusive to the above-mentioned buy-back of both the Lifts.

The above item was approved by Mr. K Ramachandran, C4-203 & seconded by Mr.J.P. Shah,
B3-1303

ITEM NO. 3 OF AGENDA:

Approval for closing the proportionate expenses on Common Joint Property (Club House
+ Garden).

Treasurer explained the rationale behind the agreed current ratio of common expenses being in
the ratio 309:255 with neighboring society LOK EVEREST.

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However, considering the long-term benefits, it is advisable to distribute the expenses equally in
the ratio of 50-50 to ensure LOK MANSAROVAR doesn’t lose its rights.

The MC met neighboring LOK EVEREST Society's current MC members to ensure all undivided
common properties viz. Clubhouse, garden (for this reference only & not be considered
exhaustive & final) & any the other recreational facilities are set up, activated, administered,
and maintained for the mutual benefit of the members of both the Societies.

Our (Lok Mansarovar) Managing Committee is of the opinion that “without prejudice to the rights
and contentions of our Society” and “without giving up the benefit of the said Order passed by
Learned DDR thereby conveying 58% of the common land to LOK EVEREST Society”, and
“Under Protest” , Our LOK EVEREST MANSAROVAR SOCIETY can accept the representation
only if our neighboring society agrees to go ahead with 50:50 ratio as deliberated above.

Post multiple discussions, the MC of neighboring LOK EVEREST Society has principally agreed
to accept the 50% contribution against recurring expenses though formal acceptance is yet to
be received from them.

Going forward any common undivided property expenses incurred will only be in the ratio of
50:50 only.

Name & Flat-No Query Responded By Response Provided

Mr. Girish Patil Mr Patil requested MC to Treasurer Treasurer responded stating that
B3-206 ensure that no capital this will come into effect only post
expenditure is undertaken association formation and won’t be
under this agreement applicable for previous expenses.

The above item was approved by Mr. Subash Patel, B3-1001 & seconded by Mr. Santosh
Kamble, B3-502

ITEM NO. 4 OF AGENDA:

Approval to pursue & re-start the legal proceedings of the existing DDR order on
conveyance which was initiated by our old management committee.

Treasurer reiterated the chain of events described in Agenda 1 and sought the approval of the
members for the following action items:
1. To pursue legal case pending in High Court challenging the DDR order of land
conveyance of 58:42.
2. To pursue with the Builder (Mr. Premji Patel) & MCGM for adhering & comply with the
resolution passed in 2021.

The above item was approved by Mr. V K Iyer, C4-1505 & seconded by Mr. K Ramachandran,
C4-203.

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 ITEM NO. 5 OF AGENDA:

Approval for creating sub-committee voluntary group for taking Repairs & Maintenance
task ahead.

Secretary, Mr. Hemant Shah informed the forum that the current MC have had meetings with
various Project Management Consultants (PMC) for undertaking the repairs and maintenance
for the Society.
He requested nominations for the formation of a voluntary committee who would be able to
assist and guide during the entire process.

The following members volunteered to be a part of this committee:

1. Mr V K Iyer | C4-1505
2. Mr Jangale | C4-805
3. Mr. Gorana | C4-1506
4. Mr. Subash Patel | B3-1001
5. Mr. Himmat Patel | B3-1104

Name & Flat-No Query Responded Response Provided

By
Mr. Santosh Mr Kamble suggested that care Secretary Secretary responded stating that
Kamble should be taken to add penalty all this was being taken into
B3-502 clause, retention money and consideration and will ensure the
warranty in the contract for PMC contract reflects the same.

The above item was approved by Mrs. Hema Barapatre, C4-901 & seconded by Mr. Paras
Bafna, C4-603.

ITEM NO. 6 OF AGENDA:

Approval to initiate u/s 101 legal proceedings for recovering the maintenance
dues from the members based on MCS Act, 1960 for recovery of the outstanding
dues.

Secretary sought approval from the forum to initiate proceedings on the maintenance defaulters.
He added that all expenses incurred on the proceedings will be recovered from the defaulters at
actuals.

The above item was approved by Mr. Ramnath Shanbag, C4-804 & seconded by Mrs. Madhavi
Milind Naik, C3-1404.
As there was no other matter, the Chairman thanked the members and announced the closure
of the meeting.